Contextual translation of "distinctiveness" into French. See Usage Note at distinct. Your Free Nepali Dictionary. What is Trademark and Types of Trademarks, Difference Between Unregistered And Registered Trademark, Copyright Registration Procedure in India, Joint Authorship and Indian Copyright Law, Requirement of Disclosure in Patent Specification, Difference Between Prior Art Search, Invalidation Search And FTO Search. It is clear that to avail protection for a trademark, it should be distinct and have a secondary meaning. distinctive definition: 1. But Nepal does have a distinct identity Our language pairs are English-Nepali and Nepali-English. distinctiveness meaning in Hindi with examples: विशिष्टता वैशिष्ट्य सुभिन्नता ... click for more detailed meaning in Hindi with examples, definition, pronunciation and example sentences. IP named Nepal Patent Design and Trademark Act 1993 BS. As a result, the mark becomes well-known, and the company gains goodwill and reputation for the descriptive set of words through their products. present day. Opposite of distinctiveness. The plaintiff also states that the defendant has adopted the marks only to gain undue benefit from their goodwill and reputation. 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. We specialize in document translation, website localization, movie and documentary subtitles, transcription, transcreation, English content writing, social media page management among others. While the Nepali heart is devoted to the practices of Hinduism, the Nepali pallet is devoted to rice. These marks have no other significance. Ltd. [2013 (54) PTC 578 (Mad) (D.B.) A trademark is descriptive if it transmits information directly. This Dictionary is free for download and is an offline application. Dictionary.com. The defendant relied on that ‘White Chinese Pepper Masala’ and ‘Black Chinese Pepper Masala’ are generic and descriptive terms. Descriptive Marks: Descriptive marks are trademarks that only describe the goods or services that we use. In short, descriptiveness in a mark directly describes the product or services to which we apply the mark. Therefore, we can consider a mark to be “distinctive” because of its ability to “identify and differentiate” goods or services. Human translations with examples: नेपाली मा अर्थ, थ्रोब्याक अर्थ, नेपालीमा आवास अर्थ. However, the appellant filed a special leave petition to the Supreme court requesting an interim injunction from using the term ‘Glucose-D.’ Finally, the Court found that the respondent’s product had identical packaging design, color, and phonetically similar product name to that of the appellant. Roman Nepali to English Dictionary is free online base dictionary. 46,370.90 million. It means it should be capable of distinguishing between the goods or services of one person and that of another. Decrease meaning in Nepali : घटाउनु (Ghaṭā’unu), घटनु, कम हुनु Definition: make or become … Nepali is the national language of Nepal. Such words are eligible for distinctive trademarks. 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. Hence, the appellant filed an opposition to their registration and stated that they are in the business for more than three decades and have acquired reputation and goodwill for the word ‘Zodiac.’ The public associates’ Zodiac’ to their garment products. In W.N. Can An Individual File His Patent Application Himself? b. exception definition: 1. someone or something that is not included in a rule, group, or list or that does not behave in…. This, in turn, forms a unique identity or appearance pertaining to the plaintiff’s products. But Nepal does have a distinct identity. See more. It takes years together for a company to establish distinctiveness to a descriptive set of words through usage. Meaning of Trademark The document/ evidence granted to particular person who has made by particular matter or belongs to him is called trademark.1 Whenever the entire world gone through evolution of industrialization. How to Conduct Trademark Public Search in India? Nepali is the national language of Nepal. Opposite of the characteristics determining who or what a person or thing is. Distinctiveness Definition and Meaning: Distinctiveness is the extent to which an individual responds in a the same manner to different stimuli or different situations. BAAHUN, CHEETRI Baby Name, NEWARI Baby Name, RAI, LIMBU Baby Name, TAMANG, GURUNG Baby Names & more. ← Distinction. 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 … while examining on the issue of acquired distinctiveness decided that ‘BOOKMYSHOW’ has not acquired any distinctiveness.. Brief Background. The better you pronounce a letter in a word, the more understood you will be in speaking the Nepali language. Source:www.delhihighcourt.nic.in The Delhi High Court on 13 th December 2017 in the case of Bigtree Entertainment Pvt Ltd V. Brain Seed Sportainment Pvt Ltd & Anr. Learning the Nepali Adjectives is very important because its structure is used in every day conversation. But the plaintiff has already registered a trademark for these words. Distinctive definition, serving to distinguish; characteristic; distinguishing: the distinctive stripes of the zebra. Need to translate "distinctiveness" to Latin? In Consim Info Pvt. §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. v. Solomon Bros Ld. 5 months in Nepal. Once registration is granted to the applicant, the applicant has exclusive rights to their trademark in Nepal. Automatically Nepal … In 2015-2016 huge decrease in forex exchange, Tourism has provided employment to … The appellant Metropolitan Trading Company is in the business of manufacturing and selling ready-made garments in the trademark name ‘zodiac.’ Meanwhile, the respondent from the same line of trade applied trademark for the word ‘Zodiac’ for his products. The distinctiveness can be either in the form of obtaining a secondary meaning or attaining recognition through prolonged usage. We opt for trademarks when we form a new, distinct meaning to the current word. It declared Hinduism as the official religion and made Nepali (in the Devnagari script) the … Contextual translation of "conjunctivitis meaning in nepali" into Nepali. As a result, the judgment was in favor of the plaintiff. This shows the words have acquired distinctiveness over time by use. In Cluett Peabody & Co. Inc. v. Arrow Apparels [1998 (18) PTC 156 (Bom)], the court stated that the mark must be distinctive. 4. Nepali language, member of the Pahari subgroup of the Indo-Aryan group of the Indo-Iranian division of the Indo-European languages. Besides knowing allocate – English to Nepali Meaning, you will also know definition, Synonyms, Antonyms, use in a sentence and other uses of it. Though many dialects can be distinguished in Nepal … This app is supported by ads. 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. Check 'Nepali language' translations into Newari. 1212 Acquired Distinctiveness or Secondary Meaning 15 U.S.C. Nepal, country of Asia, lying along the southern slopes of the Himalayan mountain ranges and wedged between two giants, India and China. Distinctiveness through secondary meaning. How to File a Patent in Indian Patent Office. This app is really useful for all who have strong desire to learn the meaning of English words in Nepali; very useful! Learning the Nepali alphabet is very important because its structure is used in every day conversation. Something that is distinctive is easy to recognize because it is different from other things…. The more you master it the more you get closer to mastering the Nepali language. Can an individual get his trademark registered himself? Sharpe Ld. You can always get in touch with experts to register your mark. 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. Newari synonyms, Newari pronunciation, Newari translation, English dictionary definition of Newari. Finally, the other party was injuncted from using a similar mark. 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. A person of Nepali ancestry. For example, let us consider the mark ‘diet ice cream.’ The business offers products such as ice cream, cold drinks, shakes, etc. 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. We cannot achieve distinctiveness through usage over a short period. The Trade and Merchandise Marks Act, 1958, states that a trademark that is not a distinctive mark is not registrable in Part A of the register. Learn more. Allocate Meaning in Nepali Verb. This mental association shows that descriptive words have become distinct through secondary meaning. On the other hand, if the geographical designation is perceived as (predominantly) fanciful, this may set off the geographical meaning. Serving to identify; distinguishing or characteristic: the distinctive call of the hermit thrush. A successful trademark is a valuable asset that can boost the reputation of a brand and affect the preferences of its consumers. 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 […] It filed a case stating that the respondent uses a deceptively similar word and sells tea packages with the name ‘Super Cup.’ Also, the respondent dishonestly uses the words to allure customers and enjoy the appellant’s reputation causing massive loss to their business. Meanwhile, Dabur India stood by the idea that glucose is a generic term, and hence it cannot be trademarked. Distinctiveness Hindi Meaning - Find the correct meaning of Distinctiveness in Hindi. Compulsory Licensing of Copyright in India. They were only descriptive and hence incapable of constituting a trademark. What is Trademark and Types of Trademarks, Difference Between Unregistered And Registered Trademark, Copyright Registration Procedure in India, Joint Authorship and Indian Copyright Law, Requirement of Disclosure in Patent Specification, Difference Between Prior Art Search, Invalidation Search And FTO Search. Hence, it is a valid trademark. But first we need to know what the role of Adjectives is in the structure of the grammar in Nepali. Darts-ip’s newest report examining the Distinctiveness of 3D Trademarks, is now available. Class and gender dynamics have long driven significant internal flows. 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. Dabur India Ltd for marketing a similar product with deceptively similar packaging and name (Glucose-D). Sometimes, the descriptive words become so entwined in the consumer’s mind that they forget the actual primary meaning of the words. It issued an injunction to use the word ‘Super Cup’ to the respondent. Heinz Italia & Anr have registered trademark for ‘Glucon-D’ and established goodwill for their mark and distinct packaging. Can An Individual File His Patent Application Himself? 3. Add your Own Name or Edit Existing Name. distinguish →. 5. Fanciful Marks: Businesses often come up with fanciful trademarks for the sole purpose of representing their products or services. Kwati is actually my favorite Newari food. And as it claims. 15 synonyms of distinctiveness from the Merriam-Webster Thesaurus, plus 30 related words, definitions, and antonyms. Both of these are based on highly cited books authored by Choodamani Gautam. 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. It must show the source of the goods to the customer. Trademark distinctiveness is an essential concept of the law applicable to trademarks and service marks. In Dolpa, this Himal is also known by its local name known as GangchhenralwaHimal. The descriptive nature refers to one or more words that directly describe the service or product of the business. Nevertheless, the lack of definition is not possible if it is proved that the word has an understood and accepted meaning. However, the trademark needs to have a distinctive meaning and gain goodwill and reputation through prolonged use to be qualified for protection. Organizations file hundreds of trademark applications every year. Distinctiveness: the quality or … It is important to understand the word properly when we translate it from English to Hindi. English to Afrikaans Meaning : Distinctive : kenmerkende. Besides Decrease Nepali meaning you will also know other uses of it. Imtiazi ka Matlab English Main and Distinctiveness Meaning In Roman. 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). Other Refferences : The Definition. Distinctive definition, serving to distinguish; characteristic; distinguishing: the distinctive stripes of the zebra. This Free Nepali dictionary will help you to find English meaning of Nepali word for free. Learn more. is 1. a. Sky Enterprise Private Ltd. (plaintiff) filed a case against Abaad Masala and Co. (defendant). This app also includes English pronunciation. How to Conduct Trademark Public Search in India? 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. Hence, the company has registered trademarks under class 30 for the word ‘Star Zing.’ Its other trademark registrations include “White Chinese Masala,” “White Chinese Pepper Masala,” “Black Chinese Pepper Masala,” “Black Chinese Pepper Curry Powder,” and “Black Chinese Masala.”. In M/s. To simplify it further, distinctiveness is whether the observed person acts the same way in different types of situations. Hence, it looks more like a trademark rather than a descriptive word. The Intellectual Property Appellate Board (IPAB), Chennai, observed that the appellant had acquired distinctiveness to the trademark through prolonged usage. This concluded that the deceptive similarities between both the products could confuse the consumer. A trademark aids the customers in identifying the goods and services of one undertaking from those of others. Words like “Best,” “Superior,” etc. Hence, it observed that descriptive and common words are trademarks when they have acquired distinctiveness through secondary meaning. The plaintiff argued that the defendant has adopted ‘Black Chinese Pepper Masala’ and ‘White Chinese Pepper Masala’ into their business. A practical dictionary of modern Nepali includes Devanagari and roman alphabets. The language is recognized in the Indian constitution as an official language of India. Hence, consumers would be able to associate those words only with a particular brand. English To Nepali Dictionary English To Nepali Dictionary is a free English to Nepali learning app for Android. 2. p. 606], the court stated that a “descriptive mark was a word, picture or another symbol that directly describes something about the goods or services in connection with which it was used as a mark. This English to Nepali dictionary contains 30,000+ English words with meaning in Nepali . Ltd., who is in a similar business, uses the term ‘Super Cup’ to sell their tea. You only need to type in Nepali and you will get English meaning. Distinctiveness of 3D Trade Marks. Furthermore, they use the words to identify and indicate the type, quality, and intended purpose of the products. Distinctiveness is the inherent capacity to differentiate between your products and services from those which provide the same goods and services. The court stated that “By virtue of its prior, continuous and comprehensive use, the word combination has acquired distinctiveness and is therefore protected.”. There are three types of evidence that we can use to show secondary meaning: – claims of ownership of similar trademarks with similar goods or services that were registered already. Without it, you will not be able to say words properly even if you know how to write those words. Distinctiveness means we should be able to differentiate a product from other products in the market. Find more Swedish words at wordhippo.com! Opposition and Cancellation Of Trademarks, A Guide To Indian Trademark Classification, Understand Trademark Application Status in India, Trademark Registration Certificate in India. 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). It is difficult to register trademarks without distinctive character. It’s perfect for dipping in curries or eating as a side dish or snack. See more. Imtiazi Meaning in English, Distinctiveness meaning, Translate Urdu word Imtiazi into English in Urdu to Eng dictionary. [(1915) RPC 15], it was held that certain words such as “good,” “best,” “superfine” were incapable of adoption as they could not have a secondary meaning and were not capable of registration. The appellant filed a suit against M/S. – Five years of continuous use and actual evidence. A brand name and logo should be unique and distinct to be qualified for the trademark registration. Your Free Nepali Dictionary. The plaintiff company is manufacturing, processing, and marketing all varieties of condiments, masala powders, spices, seasonings, and other related goods. Opposite of a serious incompatibility between two or more opinions, principles, interests or objects. 1 a : marking as separate or different : serving to distinguish the distinctive flight of the crane. M/S P.K. Even as Nepal will lean more heavily on its international diaspora to help recover from devastating earthquakes that killed thousands and decimated parts of the country, the disasters have had effects on internal migration. It’s made from lentil flour making it a healthy choice. Look through examples of Nepali language translation in sentences, listen to pronunciation and learn grammar. Ltd.v. The contemporary culture of North Korea is based on traditional Korean culture, but has developed since the division of Korea in 1945.. Juche ideology asserts Korea's cultural distinctiveness and creativity as well as the productive powers of the working masses.. Art in North Korea is primarily didactic. Nepali Adjectives. difference, disagreement, asymmetry, change, conflict, contrast, discrepancy, disparity, dissimilarity, dissimilitude, distinctiveness, imbalance, unlikeness, contradiction, contrariness, controversy, disparateness, distinction, distinctness, divergence, Synonyms explanation is given below : Accord. 2. The data for this dictionary was most recently updated in June 2005. Its capital is Kathmandu. The Court did not accept the defendant’s claim of not considering those words as trademarks but as a generic and descriptive term. Noun 1. Something which distinguishes something from anything else. 1. This case is an excellent example of protecting the trademark of descriptive words that have acquired distinctiveness through usage. Translate from English to Nepali. This judgment is an example where the Court recognizes descriptive words that have acquired distinctiveness through secondary meaning eligible for trademark registration. Hence, granting a trademark to the respondent would confuse the public and incur a loss to their business. However, there are also provisions to register a set of descriptive words as a trademark. So, we cannot register it under the trademark act. Also find spoken pronunciation of distinctive in Sinhala and in English language. The Supreme Court of India recognized that the source of the combination word ‘Super Cup’ is from the plaintiff. Sometimes, the descriptive words become so entwined in the consumer’s mind that they forget the actual primary meaning of the words. Here's how you say it. distinctiveness (countable and uncountable, plural distinctivenesses) The quality of being distinctive , individual or discrete . Yet it described the state as indivisible and sovereign and created a highly centralised government. were not distinctive of the goods. Intended user – We can consider a trademark descriptive if it describes the category of people who use the products or services. Moreover, the consumers identify the words with the plaintiff’s product. Find Distinctiveness (Imtiazi) related words in Distinctiveness Synonyms. We can register a trademark under the 1999 Act if its existence is distinctive. Years of self-imposed isolation and its rugged and difficult mountain terrain have left Nepal … [AIR 2002 SC 275], The plaintiff was a continuous user of the trademark “Mukta Jeewan Colour Lab”. However, the respondent quoted the appellant’s trademark is ‘Super Cup Tea City.’ Moreover, the word Super Cup itself is a common descriptive word, and none can claim exclusive rights over it.
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