‘Red Label’ cannot be trade mark as words are common to the trade and not distinctive

Hindustan Unilever Limited Vs Girnar Exports (IPAB)- The four appeals are against the orders passed by the Deputy Registrar, Trade Marks at Chennai in three proceedings and the Deputy Registrar at Kolkata in one. The mark is ‘Red Label’. Application No.397359 is for registration of the mark which is a label consisting of the word ‘Red Label’ with a colour scheme of ‘red and yellow’ in Roman and Arabic character in respect of tea (Class 30) which is the subject matter of TA/47/2003/TM/CH. The appellant who was the applicant claimed user from 1971. The application was dated 6.11.1982...