KAVIRAJ PANDIT DURGA DUTT SHARMA vs NAVARATNA PHARMACEUTICAL LABORATORIES

The Supreme Court held that under the Trade Marks Act, 1940, a mark not 'adapted to distinguish' could still qualify for registration if it has acquired distinctiveness, as per the proviso to Section 6(3). The Court affirmed that the respondent's trade mark 'Navaratna Pharmaceutical Laboratories' was validly registerable due to its long use and factual distinctiveness, despite the commonality of the word 'Navaratna'. The appeal was dismissed, confirming the High Court's decree in favor of the respondent regarding the trade mark's validity and the absence of passing off by the appellant.