No Trademark Rights On "CHUR CHUR NAAN"

The Plaintiff claiming to be registered proprietor and user of the trademarks "CHUR CHUR NAAN" and "AMRITSARI CHUR CHUR NAAN" filed a suit for infringement and passing off seeking injunction against the use of the mark "PAHARGANJ KE CHUR CHUR NAAN" and "AMRITSARI CHUR CHUR NAAN". The dispute involved two outlets based in Paharganj, Delhi which were using competing marks for their outlets. The question before the court was that whether there can be any monopoly in the expression "CHUR CHUR NAAN" or "AMRITSARI CHUR CHUR NAAN". The defendant submitted that that there are a large number of outlets which use the name "CHUR CHUR NAAN" and that the trademarks of the Plaintiff are liable to be rectified as they are devoid of distinctive character. It was argued that the Defendant is using the expression "PAHARGANJ KE MASHOOR CHUR CHUR NAAN" only in descriptive manner.