Acquired distinctiveness

All May Use “One for All” — But None May Own It

A digitally illustrated banner features the Three Musketeers in the center, wearing blue tunics with white crosses, brown gloves, and wide-brimmed hats, each holding a rapier. On the left side of the image, the phrase “ONE FOR ALL” appears in a playful white font, while “ALL FOR ONE” is displayed in matching style on the right. The background is a dark muted green, creating contrast that highlights both the figures and the text

In a recent decision, the Delhi High Court dismissed an appeal by Oswaal Books and Learnings Private Limited (“Oswaal Books”) challenging the refusal of their trademark application for the phrase “ONE FOR ALL.” The Court upheld the Registrar of Trade Marks’ decision, and came to the conclusion that the applied mark was devoid of any inherent or acquired distinctiveness.

Part IV: Descriptive Marks – Can They be Protected?

This post analyses the Indian legal stance on descriptive marks under the Trademark Act, 1999. It explains the criteria for their protection, focusing on acquired distinctiveness and secondary meaning.

Part III: Descriptive Marks

This post discusses the circumstances under which descriptive trademarks can be protected in the EU, focusing on acquired distinctiveness and fair use provisions. It provides an analytical comparison with Indian and EU trademark law and sets the stage for the concluding discussion on Indian law.

‘Acquired Distinctiveness’ of Infosys Trademark

The Delhi High Court recognised acquired distinctiveness in the INFOSYS trademark, restraining the defendant from using the mark in its business name. The case highlights the need for strong trademark protection to safeguard a company’s goodwill and reputation.