Trademark distinctiveness

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court dismissed Monster Energy’s appeal against the refusal to register “Energy for the Journey” as a trademark, citing lack of distinctiveness. The Court upheld that generic or descriptive marks cannot be monopolized without evidence of secondary significance, allowing the appellant to reapply upon establishing distinctiveness through prolonged use.

Choosing the Right Trademark- How Important is it Anyway?

This post examines why choosing the right trademark is essential under Indian law, focusing on legal distinctiveness and judicial trends. It provides a structured analysis of trademark categories and their implications for brand protection.