The Madras High Court in a recent ruling dismissed an appeal filed by Monster Energy Company (“Appellant”) challenging a refusal of the Trade Mark Registry (“Respondent”) to register the trademark “Energy for the Journey.” The Court upheld the respondent’s order dated 19.02.2024, which cited Section 9(1)(a) of the Trade Marks Act, 1999, for lack of distinctive character in the proposed trademark.
The respondent argued that the phrase “Energy for the Journey” comprised generic words commonly used in trade and was incapable of distinguishing the appellant’s goods from those of others. The Court noted that under Section 9(1) of the Act, descriptive or generic marks devoid of secondary significance or distinctiveness cannot be monopolized by any trader. The appellant admitted to having only proposed to use the mark, without any evidence of prior use or established goodwill.
The Court agreed with the respondent’s assessment, concluding that the proposed mark was inherently incapable of serving as a source identifier. It also highlighted that granting exclusivity over such a common phrase would unjustifiably limit its use by others in commerce.
While dismissing the appeal, the Court granted the appellant the liberty to seek registration of the same mark in the future, provided it could demonstrate that prolonged usage had rendered the mark distinctive.
Citation: Monster Energy Co. v. Registrar of Trademarks, CMA (TM) No. 7 of 2024 (H.C. Madras Nov. 19, 2024). Available at: https://indiankanoon.org/doc/148126798/
Authored by Gaurav Mishra, BananaIP Counsels
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