Operation of registration of term ‘N95’ as a trademark was stayed by the Intellectual Property Appellate Board. The rectification application was filed by the SASSOON FAB International Pvt. Ltd.
The Rectification Application was filed under Section 57 of Trademark Act, 1999 for Removal of the “N95” label under Reg. No. 4487559 in class 10 registered in favour of Respondent No.1. Along with main Rectification Application the present Miscellaneous Petition vide M.P.No.143 of 2020 for Stay of operation of Registration of Respondent No.1 for the above impugned mark pending disposal for the main Rectification Application has been filed. Learned Counsel for the Applicant Mr. Neeraj Grover submitted that he has served copies of the Present petition along with main Rectification to the Respondent No.1 and his counsels and made his submissions.
The Petitioner submitted that the said generic term N95 has been since then been used extensively and continuously by the Petitioner in relation to its respiratory mask under the trademark SASSOON. The Petitioner also registered itself as a seller on an e-commerce platform i.e. www.amazon.in and had been inter alia selling its products including N95 masks from the said platform.
The Court added that a generic expression can never be granted registration and/or protection as a trademark under the trademark laws.
Further:
“Therefore, given current public sentiment during this global public health crisis and since the dishonesty factor holds the cardinal principle until the Rectification Petition is finally decided the operation of the registration No. 4487559 in class 10 Registered under Certificate No. 1633656 shall remain stayed”.
