“Aachi” means grandmother in Tamil — a word in everyday use across the state. So when Aachi Spices tried to stop Aachi Cargo, the Madras High Court refused: no one can monopolise a generally used word across unrelated goods and services.
When common words do become trademarks
A common word can absolutely be a trademark — usually in one of two situations:
- Secondary meaning: a word that describes the goods acquires, through use over time, an association with one product only — Naukri (Hindi for “job”) for a job portal.
- Unusual application: a common word applied to goods it has nothing to do with — Apple for computers.
The case
Aachi Spices and Foods sought an interim injunction against Aachi Cargo Channels Pvt Ltd over the word “Aachi.” Aachi Spices relied on some 50 registrations for “Aachi” in various labels/packages, claiming exclusive rights and immense reputation. Aachi Cargo argued its goods and services were plainly different.
The decision
The court noted none of Aachi Spices’ registrations covered cargo or related services. Agreeing on the dissimilarity of services, it refused the injunction. On infringement, it held against Aachi Spices:
“the word ‘Aachi’ in Tamil means ‘grandmother’. Such term is in common use throughout the State of Tamil Nadu. Therefore, such a word, which is of general use, cannot be a monopoly of the appellants alone (and can) be used in any other product than the one they are doing business.”
Thoughts corner
The judgment is a little puzzling. “Aachi” is hardly descriptive of spices, so it shouldn’t need to prove secondary meaning; it is certainly unusual in application (arguably even suggestive — grandmother’s recipes being coveted kitchen secrets); and Aachi Spices is very well known in Tamil Nadu, so reputation should have been easy to establish. Why reputation wasn’t weighed isn’t clear.
India’s many languages and overlapping lexicons make “common word” hard to define. Yet the Supreme Court found “Eenadu” (meaning “today” in Kannada and Telugu) had gained enough reputation to be a well-known mark in Andhra Pradesh — even where the identical marks covered different services, as here. And the Delhi High Court denied an injunction over “today” (India Today Group v. Alpha Dealcom’s “Nation Today”) because it’s common and inseparable from the news/broadcasting trade — where the services overlapped.
On a lighter note: grandmother’s spices lend a brand credibility. Grandmother’s cargo sounds downright hilarious.
The takeaways
- Generally used words can’t be monopolised across unrelated goods and services.
- Different services defeat the claim — Aachi Cargo’s business had nothing to do with spices.
- Reputation and secondary meaning still matter — as Eenadu shows, a common word can become well-known; whether the court fully weighed that here is debatable.
- Overlap is the danger zone — where services overlap (as with “today” in news), monopolising a common term is far harder to defend against.
Frequently asked questions
Can a common word be a trademark in India? Yes — through secondary meaning (the word comes to signify one product) or unusual application (a common word for unrelated goods, like Apple for computers).
Why couldn’t Aachi Spices stop Aachi Cargo? “Aachi” means grandmother and is in common use in Tamil Nadu, and the two businesses offered entirely different services — so the court refused a monopoly over the word.
Do different goods/services defeat an infringement claim? Often — where services are unrelated, the likelihood of confusion falls away, as it did between spices and cargo.
Can a common word ever be well-known? Yes — the Supreme Court treated “Eenadu” as a well-known mark despite meaning “today,” showing reputation can elevate even a common word.
Legislation referred to
- The Trade Marks Act, 1999