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ARTICLE · 05 SEPTEMBER 2008

Triple Five (555) In The TM Dispute Pyre

Brand recognition is an important facet, especially as far as Fast moving Consumer Goods (FMCGs) are concerned. Customers not only make a choice determined by quality and value-for-money, but alongside develop an affinity with regard to the good’s appearance, the get-up and trade dress as well as the trade mark.

IndiaIntellectual Property

Brand recognition is an important facet, especially as far as Fast moving Consumer Goods (FMCGs) are concerned. Customers not only make a choice determined by quality and value-for-money, but alongside develop an affinity with regard to the good's appearance, the get-up and trade dress as well as the trade mark. For a product, such associations with individuals enable build brand identity and repute. Deception and competition, often affect these intangible, unquantifiable gains and encourage adversely affected parties to move to Court, as elucidated in Goramal Hari Ram v. Durgashri Agencies 2008 (37) PTC 257

Goramal Hari Ram Ltd. is a company registered under the Companies Act, 1956 and the proprietor of the registered trademark '555' in respect of soaps and detergents for laundry use. Goramal Ltd. claims to hold the said trademark since 1924 and has continually renewed the same from time to time.

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