Oswaal Books, a well-known publisher of academic support materials for various Indian school boards and national entrance exams, applied for registration of the mark \u201cONE FOR ALL\u201d in Class 16 for books. The application, dated October 20, 2020, claimed usage since August 20, 2020.<\/p>\n
The trademark office issued an examination report raising objections under Section 9(1)(a) based on lack of distinctiveness. In response, Oswaal filed a user affidavit and written submissions with accompanying evidence to prove acquired distinctiveness. Following a hearing before the Senior Examiner, the mark was refused registration on December 14, 2023. Aggrieved, Oswald Books filed an appeal.<\/p>\n
Oswaal Books contended that:<\/p>\n
The Registrar, supported by government counsel, countered that:<\/p>\n
The Registrar also pointed to the cultural ubiquity of the phrase\u2014famously associated with \u201cThe Three Musketeers\u201d\u2014and reiterated settled law that common English phrases and descriptive expressions cannot be monopolized without proof of distinctiveness.<\/p>\n
The Court undertook a methodical examination of both the legal standard and the evidence on record. The Court held that:<\/p>\n
Quoting McCarthy on Trademarks, the Court emphasized that slogans must be more than puffery or promotional devices; they must function as indicators of trade origin.<\/p>\n
The Court concluded that Oswaal Books did not satisfy the statutory or evidentiary burden to justify registration of the phrase \u201cONE FOR ALL.\u201d It found the mark to be descriptive, commonly used, and lacking distinctiveness\u2014either inherent or acquired. The appeal was therefore dismissed.<\/p>\n