Among The Nepali Middle Class Laura Kunreuther In an article in Himal entitled ‘Gods in Exile’, Kanak Mani Dixit ... 2 I am relying on Habermas’ definition of a public sphere as a space of engagement (in his terms, a space of rational debate) ... curious irony that local distinctiveness has now become a generic good’ (Herzfeld 2009: 305). How to File a Patent in Indian Patent Office. The word “inscape” was coined by the priest and poet Gerard Manley Hopkins. Opposite of a serious incompatibility between two or more opinions, principles, interests or objects. Trademark distinctiveness is an important concept in the law governing trademarks and service marks. Nepali is the national language of Nepal. Hence, we cannot register the signs that identify the product or services to be distinguished. The plaintiff company is manufacturing, processing, and marketing all varieties of condiments, masala powders, spices, seasonings, and other related goods. Hence, it looks more like a trademark rather than a descriptive word. IP named Nepal Patent Design and Trademark Act 1993 BS. We can calculate the degree of distinctiveness or descriptiveness by considering it based on particular products or services. Dictionary.com. When customers come across those words, they immediately associate it with the product or service of the business. Human translations with examples: नेपाली मा अर्थ, थ्रोब्याक अर्थ, नेपालीमा आवास अर्थ. Trademark distinctiveness is an essential concept of the law applicable to trademarks and service marks. Kathmandu definition, a city in and the capital of Nepal, in the central part. Moreover, the consumers identify the words with the plaintiff’s product. Besides knowing allocate – English to Nepali Meaning, you will also know definition, Synonyms, Antonyms, use in a sentence and other uses of it. However, there are also provisions to register a set of descriptive words as a trademark. 46,370.90 million. Translate from English to Nepali. It is easy to lose sight of Nepal’s distinctiveness when seen in relation to its giant neighbours India and China, the most populous countries of the world containing between them more than half the population of the earth. Besides being spoken as a mother tongue by more than 48% of the population of Nepal, it is also spoken in Bhutan and India. The first user of the mark – If the applicant is the sole user of any trademark, it does not justify the registration of the trademark if he uses it descriptively. Therefore, we can consider a mark to be “distinctive” because of its ability to “identify and differentiate” goods or services. Main Features 1) Comprehensive Word List -We have included more than 20,000 English word meaning and 30,000 Nepali word meaning including advanced level words. The Intellectual Property Appellate Board (IPAB), Chennai, observed that the appellant had acquired distinctiveness to the trademark through prolonged usage. 3. distinctiveness synonyms, distinctiveness pronunciation, distinctiveness translation, English dictionary definition of distinctiveness. During the existence of Gorakhnath (8 th-12 th centuries-BC) in Nepal, the Nath cult underwent its greatest expansion; there was massive gathering of people (Nath-Yogis) for devotion (sadhana) through hath-yoga mainly in Karnali and mid-west region of Nepal. Pepsi and whirlpool are some examples of trademarks that are distinct through usage. Furthermore, the company would continuously use those words for a prolonged time in its promotions and marketing strategy. is 1. a. The Nepali state always featured unitary structures, although it sometimes proved too weak to effectively take control of all groups and had to strike deals with some (e.g., the Limbus), who thereafter retained some form of autonomy through a system of land tenure known as Kipat (Forbes 1996, 42). Furthermore, they use the words to identify and indicate the type, quality, and intended purpose of the products. In Consim Info Pvt. Heinz Italia & Anr have registered trademark for ‘Glucon-D’ and established goodwill for their mark and distinct packaging. Yet it described the state as indivisible and sovereign and created a highly centralised government. Nepalis (English: Nepalese; Nepali: नेपाली गण) are the Indo-Aryan and Sino-Tibetan citizens of Nepal under the provisions of Nepali nationality law.The country is home to people of many different national origins. A trademark aids the customers in identifying the goods and services of one undertaking from those of others. First of all, in this mark, the word ‘ice cream’ means the product itself, and ‘diet’ means that it contains fewer calories. Ltd., who is in a similar business, uses the term ‘Super Cup’ to sell their tea. But Nepal does have a distinct identity The judgment from these cases gives us an insight into instances where one can protect a unique combination of descriptive words as a trademark. This shows the words have acquired distinctiveness over time by use. And as it claims. The Swedish for distinctiveness is särprägel. – In the case of Godfrey Philips India Limited v Girnar Food & Beverages (P) Ltd, [(2005) 123 Comp Cas 334 (S.C.)], Supreme court held that “a descriptive trademark may be entitled to protection if it has assumed secondary meaning which identifies it with a particular product or as being from a particular source.” Sometimes, we can also trademark common words of a language or descriptive words when they have gained distinctiveness or secondary significance. Definition of distinctive. How to find the details of copyright work in India? Learn more. The descriptive nature refers to one or more words that directly describe the service or product of the business. present day. §1052(f) Except as expressly excluded in subsections (a), (b), (c), (d), (e)(3), and (e)(5) of this section, nothing herein shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant’s goods in commerce. b. Sharpe Ld. We opt for trademarks when we form a new, distinct meaning to the current word. You only need to type in Nepali and you will get English meaning. Furthermore, it should also ensure no such mark exists during the process of registration. Furthermore, it should also ensure no such mark exists during the process of registration. Sometimes, the descriptive words become so entwined in the consumer’s mind that they forget the actual primary meaning of the words. Let us look into some instances where we have protected the distinctiveness in the trademarks: Laxmikant V. Patel v. Chetanbhat Shah and Anr. b : having or giving an uncommon and appealing quality : having or giving style or distinction a distinctive table setting a writer with a distinctive prose style. In The Imperial Tobacco Co. of India Ltd. v. The Registrar of Trade Marks [AIR 1977 Cal. 413], the Calcutta High Court stated that distinctiveness means ‘some quality in the trademark which earmarks the goods so marked as distinct from those of other producers of such goods.’. Hence, consumers would be able to associate those words only with a particular brand. We can register a trademark under the 1999 Act if its existence is distinctive. Bara is a type of savory bread and is described as a Nepali pancake. We are often left with the question of how to prove that any mark has gained distinctiveness or secondary significance. This app includes two dictionaries - English-English-Nepali Dictionary and Nepali-English Dictionary. Kwati. distinguish →. Besides, we can also use it when we coin a new term to prevent customer confusion on the market and also to distinguish the origin of the products and services. The variety presented here is standard Nepali as spoken in Nepal. The Supreme Court of India recognized that the source of the combination word ‘Super Cup’ is from the plaintiff. Besides Decrease Nepali meaning you will also know other uses of it. For example, let us consider the mark ‘diet ice cream.’ The business offers products such as ice cream, cold drinks, shakes, etc. The entire trademark application process from filing an application to trademark registration is approx. See more. It must show the source of the goods to the customer. Learning the Nepali Adjectives is very important because its structure is used in every day conversation. Suggestive Marks: Suggestive mark enables the consumer to exercise his imagination or perception about the goods, T.V Venogopal Vs. ushodaya Enterprises Ltd. &Anr 2011. Despite this melting pot effect, one consequence of the Indian reservations system is that in recent years tribal and caste groups that long ago lost any cultural distinctiveness are now seeking to re-establish it, sometimes by visiting their "homeland" within Nepal in order to recover their cultural traditions [Shneiderman and Turin 2006].In one sense all these groups have lived together, if not in harmony, at … Hopkins developed this logocentric understanding of creation – every individual thing in the universe has an inscape, an inner essence that is the stamp of the divine creator on […] The defendant relied on that ‘White Chinese Pepper Masala’ and ‘Black Chinese Pepper Masala’ are generic and descriptive terms. Compulsory Licensing of Copyright in India. Opposite of the characteristics determining who or what a person or thing is. There are always several meanings of each word in Hindi. [AIR 2002 SC 275], The plaintiff was a continuous user of the trademark “Mukta Jeewan Colour Lab”. Years of self-imposed isolation and its rugged and difficult mountain terrain have left Nepal … As devout Hindu-followers and rice-eaters, the first solid meal of Nepali infants… Once registration is granted to the applicant, the applicant has exclusive rights to their trademark in Nepal. As a result, the mark becomes well-known, and the company gains goodwill and reputation for the descriptive set of words through their products. Nepali is the national language of Nepal. As a result, people of Nepal do not equate their nationality with ethnicity and language, but with citizenship and allegiance. Finally, the other party was injuncted from using a similar mark. Shabdakosh - English to Nepali bilingual free online dictionary with English Nepali translation, English Nepali word meanings, definitions, synonyms and antonyms in Nepali and English. No 8, 1st Floor, 15th Cross, 100 Feet Ring Road, JP Nagar 6th Phase, Bangalore, India Direction: Google Map, Tel: +91-80-42173649 Mob: +91-9916116810 Email: contact(at)intepat.com Contact Us Form Online Appointment, Opposition of a Trademark: ‘Trademark opposition‘ means an objection filed by third parties against the, Classifying various goods and services and segregating them based on type and description of the, Distinctiveness vs Descriptiveness of Trademarks, Limitation On The Specification of Trademark Goods and Services, Grounds of refusal of a Trademark in India, Opposition and Cancellation Of Trademarks, A Guide To Indian Trademark Classification, Understand Trademark Application Status in India, Trademark Registration Certificate in India. Can An Individual File His Patent Application Himself? The trademarks Airtel and Red Lobster have acquired distinctiveness through secondary meaning. English to Afrikaans Meaning : Distinctive : kenmerkende. The Court also noted that though the individual words of the marks are descriptive, they have a peculiar combination. In order to display the non-roman characters a Unicode font must be installed. The language is recognized in the Indian constitution as an official language of India. M/S KRBL Ltd [2014 (57) PTC 129 (IPAB)], The Board acknowledged that the mark “Bemisal” had gained distinctiveness as a result of its continuous usage and large sales figures. So, we cannot register it under the trademark act. The universe was spoken into being by the divine Word, according to Christian theology. Distinctiveness Hindi Meaning - Find the correct meaning of Distinctiveness in Hindi. The underlying original mark of the fluid trademark may likely have acquired distinctiveness or secondary meaning, but not all variants of the original mark may instantaneously acquire distinctiveness like the Louis Vuitton mark. Here's how you say it. BAAHUN, CHEETRI Baby Name, NEWARI Baby Name, RAI, LIMBU Baby Name, TAMANG, GURUNG Baby Names & more. To register a descriptive trademark, the owner of that trademark must also persuade the Examiner that the applied trademark has gained secondary meaning and is subject to protection under Section 32 of the Act. Generic Marks: We use the term generic marks to designate a class or category of product or service. In M/s. Learning the Nepali alphabet is very important because its structure is used in every day conversation. Learn more. The 1990 Constitution of Nepal acknowledged the country to be ‘multi-ethnic and multi-lingual’. The appellant M/S. 5 months in Nepal. Sometimes, the descriptive words become so entwined in the consumer’s mind that they forget the actual primary meaning of the words. Thus, when deciding to use a mark for specific goods or services, we should see that it has acquired distinctive character even though the mark looks merely descriptive. In W.N. This judgment is an example where the Court recognizes descriptive words that have acquired distinctiveness through secondary meaning eligible for trademark registration. Find another word for distinctiveness. Look through examples of Nepali language translation in sentences, listen to pronunciation and learn grammar. They were only descriptive and hence incapable of constituting a trademark. It issued an injunction to use the word ‘Super Cup’ to the respondent. For descriptive words to qualify for trademark registration, the words should be very distinct. Descriptive Marks: Descriptive marks are trademarks that only describe the goods or services that we use. Without it, you will not be able to say words properly even if you know how to write those words. Sky Enterprise Private Ltd. (plaintiff) filed a case against Abaad Masala and Co. (defendant). 2. Arbitrary Marks: These marks have a specific meaning, but they have no connection to the goods or services of the business. Distinctiveness is the inherent capacity to differentiate between your products and services from those which provide the same goods and services. Contextual translation of "distinctiveness" into French. The Court issued a judgment to restrain the defendant by an interim injunction from using the ‘Black Chinese Pepper Masala’ and ‘White Chinese Pepper Masala’ trademarks or any other deceptively similar or identical words or trademarks in their unique combination. The plaintiff also states that the defendant has adopted the marks only to gain undue benefit from their goodwill and reputation. Something which distinguishes something from anything else. It’s perfect for dipping in curries or eating as a side dish or snack. It is important to understand the word properly when we translate it from English to Hindi. A practical dictionary of modern Nepali includes Devanagari and roman alphabets. Let us look into some compelling cases that were distinct; descriptive trademarks are protected. Nevertheless, the lack of definition is not possible if it is proved that the word has an understood and accepted meaning. Compulsory Licensing of Copyright in India. Also find spoken pronunciation of distinctive in Sinhala and in English language. The Court did not accept the defendant’s claim of not considering those words as trademarks but as a generic and descriptive term. This case is an excellent example of protecting the trademark of descriptive words that have acquired distinctiveness through usage. There are three major dialects: eastern, central, and western. Our language pairs are English-Nepali and Nepali-English. You can always get in touch with experts to register your mark. The appellant filed a suit against M/S. However, we can also register a mark in Part B, even if it was not “distinctive” but “capable of distinguishing” between the goods of its owner and the goods of others. Nepali language, member of the Pahari subgroup of the Indo-Aryan group of the Indo-Iranian division of the Indo-European languages. How to Conduct Trademark Public Search in India?

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