Trademark Term Found Descriptive, Registration Revoked under Trade Marks Act
In a significant ruling, the Delhi High Court has canceled the trademark registration of the term "Glass Skin" under Class-03, which was registered in favor of Ms. Rupali Sharma. The court found the term to be descriptive, directly conveying the intended purpose and end effect of the goods, thereby failing to qualify for trademark protection under Section 9(1)(b) of the Trade Marks Act, 1999.
The judgment, delivered by Justice Tushar Rao Gedela, came in response to a petition filed by Renee Cosmetics Private Limited, which argued that "Glass Skin" is a generic and descriptive term commonly used in the cosmetics industry. The petitioner contended that the term describes the intended purpose and end effect of the goods, which are cosmetics and skincare products, making it non-registrable as a trademark.
The court agreed with the petitioner's arguments, noting that the term "Glass Skin" is widely used by various stakeholders in the beauty industry to describe products that aim to achieve a clear and luminous skin tone. The court observed that the descriptive nature of the term is further evidenced by its usage in marketing materials and industry articles, including those published by prominent brands like Lakme, Nivea, and L'Oreal.
Justice Gedela emphasized that the term "Glass Skin" does not have the distinctiveness required for trademark registration, as it merely describes the kind and intended purpose of the goods. Consequently, the registration of the term was found to be without sufficient cause and wrongly remaining on the Register of Trade Marks.
The court directed the Registrar of Trade Marks to cancel the registration of "Glass Skin" and remove it from the Trade Marks Register within four weeks. The decision underscores the importance of distinctiveness in trademark registrations, particularly in industries where descriptive terms are prevalent.
This ruling not only impacts the parties involved but also sets a precedent for future trademark disputes involving descriptive terms in the cosmetics and skincare industry.
Bottom line:-
Trademark Law - The term "Glass Skin" is descriptive and not suggestive, as it directly conveys the intended purpose, function, and end effect of the goods. Such descriptive terms are not registrable under section 9(1)(b) of the Trade Marks Act ,.
Statutory provision(s):
Sections 9(1)(b), 47, and 57 of the Trade Marks Act, 1999.
Renee Cosmetics Private Limited v. Ms. Rupali Sharma, (Delhi) : Law Finder Doc id # 2916621
