In a judgement favouring Gujarat Co-operative Milk Marketing Federation Ltd (GCMMF), the Delhi High Court on Monday ruled out the use of descriptive words "sugar-free" as a trademark and its ownership by anyone. | |
| A case had been filed with the Delhi HC against GCMMF, the marketeers of Amul by Ahmedabad-based M/s Cadila Healthcare Ltd over use of the words "sugar free". |
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| The court ruled that M/s Cadila Healthcare cannot be allowed to use the expression since it was inherently descriptive in nature and has become a commonly used word in relation to food and beverages. |
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| It also observed that "sugar free" was not a coined word or an unusual combination of words. Since it was a commonly used expression in written as well as spoken English, it could therefore not be monopolised for use by any trade. |
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| M/s Cadila Healthcare had filed a case on trade mark violation against GCMMF for Amul's use of the words "sugar -free" for its ice-cream brand which the former alleged is its trade mark. |
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