The customary use of ‘Silk’ to denote a paint’s finish cannot be protected as a trademark, rules the Calcutta High Court, dismissing Berger’s plea against JSW Paints

Case: Berger Paints India Limited v JSW Paints Private Limited

Coram: Justice Krishna Rao

Case No.: GA 1 of 2020 In CS 64 of 2020

Court Observation: The use of the expression “SILK” for paint finish is customary in the trade and is not capable of being protected as trademark with respect of paints, emulsions and distempers. The defendant has not applied for the registration of the mark “SILK” and does not intend to market its product under a trade mark “SILK”. The products of the defendant are sold under the mark “HALO”, such as, with the word “Silk” being used only to define the finish/sheen of the paint. By comparison of the two marks, in my view both appears to be substantially different and there is no similarity between both the labels.

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Keywords

The customary use of ‘Silk’ to denote a paint’s finish