Question

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Words describing the quality of things cannot be registered as a trademark. However, such words may be registered as a trade mark, if they acquire a secondary meaning. Words acquire secondary meaning when people start associating the descriptive words with a person-specific.

Facts: A hatchery located in Raipur is owned by ‘X’. X has been using the slogan “new-laid eggs sold here”, since 1970 to describe the quality of eggs sold in his hatchery. Over a period of time because of continuous use of this slogan, people started associating this slogan with X. X filed an application for registration of the words “new-laid eggs” as a trademark in the year 1970.

पर्याय

• The words will be registered as trade mark

• The words will be registered as trade mark

• The words will not be registered as trade mark

• The words will not be registered as trade mark

• The words may be registered as trademark

• The words may be registered as trademark

• The words may not be registered as trade mark

• The words may not be registered as trade mark

Answer 1

The words may be registered as a trademark

Explanation:

In the present case, the words "new-laid eggs" were being used by X from 1970 leading which people started associating these words with Mr "X" and the actual meaning of the words was nowhere is a picture instead these words assumed a secondary meaning leading which pre-laid condition of the guiding principle is fulfilled thus the words may be registered as Trademark. 

Answer 2

The words may be registered as a trademark

Explanation:

In the present case, the words "new-laid eggs" were being used by X from 1970 leading which people started associating these words with Mr "X" and the actual meaning of the words was nowhere is a picture instead these words assumed a secondary meaning leading which pre-laid condition of the guiding principle is fulfilled thus the words may be registered as Trademark.