Trademark Insights

Registry & Judicial Updates: 26 February 2026

Delhi HC reiterates: “Common Trade Expressions Cannot Be Monopolised”

In a recent observation, the Delhi High Court emphasised that traders cannot claim exclusivity over commonly used trade expressions unless distinctiveness through long and exclusive use is clearly established.

The Court noted that everyday commercial phrases remain open to all market participants unless secondary meaning is proven with strong evidence.

Takeaway:

Descriptive or laudatory words may clear examination stage, but enforcement becomes difficult without proof of acquired distinctiveness.

Advisory:

Before adopting common expressions, assess long-term enforceability — not just registrability.

Secure coined or distinctive marks wherever possible to build litigation-ready portfolios.

Vishnu

Trademark Advisory

Mobile: +919866512479

Disclaimer: This update is for awareness, and knowledge-sharing for educational purposes only and does not constitute legal opinion.