Lawstreet Journal

IPAB Stays Registration of N95 Trademark stating that it is a Generic Term

Lawstreet Journal 7 Dec 2020 6:18pm

Image courtesy: Lawstreet Journal Judiciary IPAB Stays Registration of N95 Trademark stating that it is a Generic Term

‘N95’ is a basic term that we have heard in this pandemic and it is very common in the mask industry. The term ‘N95’ cannot be given to some specific entity or brand neither can be registered as a trade mark and the same was recognized by authorities at the Intellectual Property Appellate Board (IPAB) when going through the Rectification Application filed by SASSOON Fab International Pvt. Ltd against Sanjay Garg.

The problem faced by the company was that the N95 masks produced by them were being removed by the famous E-commerce platform Amazon because Mr. Garg has deceitfully and unfairly registered the term N95 masks under class 10 and filed a complaint for the same. The company SASSOON Fab International Pvt. Ltd also deals with masks. In the advent of Covid-19, the sales of company were also getting hampered because of the complaint filed by Mr. Garg. SASSOON Fab International Pvt. Ltd filed an Application under section 57 of Trade Mark Act, 1999 for removal of the ‘N95’ label under Reg. No 4487559 in class 10 which was registered under Mr. Sanjay Garg.

The application was heard by the board headed by Justice Manmohan Singh who stated that something so generic and which defines the nature of a product cannot be registered under the trade mark, especially a term like ‘N95’ which also defines that it filters 95% of air particles and is not powerfully resistant to oil which are all characteristics of the term. Therefore, it cannot be registered and… Continue Reading...

Tagged: IPAB   Corona Updates  
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