Word "Shubham" Laudatory, Descriptive And Commonly Used, Thus Cannot Be Registered.- Bombay High Court

In Shubham Plywood, Rajesh Chheda, Proprietor (Plaintiff) v Shubham Plywood Park P.K. Loohda (Jain), Proprietor (Defendant), the Plaintiff alleged the Defendant of using their registered mark "SHUBHAM" in "SHUBHAM PLYWOOD" and "SHUBHAM PLYWOOD PARK".

It was observed that the Plaintiff's trademark "SHUBHAM" was registered along with the symbol of swastika at the right side and the word "PLYWOOD" was not there. As such, the averment that the registered trademark is "SHUBHAM PLYWOOD" was not correct. Further, the Plaintiff was unable to place material on record to substantiate the case except photographs of the shop name "SHUBHAM PLYWOOD" and one visiting card. The Plaintiff's contention was only against the particular Defendant on the ground that they conducted their businesses in the same area and therefore, the suit and Motion for interim relief was restricted to that area only.