Facts:

• IHHR Hospitality Pvt. Ltd (the Appellant) has been in the business of luxury 'Spa' hotels since 1998, at two prominent locations in Mauritius and India.
• The Appellant had registered service mark and trademark 'ANANDA', including a range of products i.e. ayurvedic and herbal preparations, toiletries, bread, biscuits, and cakes.
• By 2009, when the suit was filed for the injunction against the Respondent, their total sales over ten years had reached ₹200 crores, which directly indicated the goodwill acquired by the Appellant in the market.
• Bestech India Pvt. Ltd (the Respondent) was promoting apartments in a Group Housing Gated Complex called 'Bestech Park View Ananda'.
• The Appellant's grievance pertained to the Respondent marketing apartments in a Group Housing Gated Complex under the name: ‘Bestech Park View Ananda’.
  
  

Background:

• The suit seeking an injunction against the Respondent was filed before the Single-judge Bench of The Delhi High Court. The learned Single Judge declined the interim injunction stating that the 'Ananda' was a publicly known word and that there was inadequate evidence to affirm that 'Ananda' was uniquely associated with the Appellant. It was unlikely that the Respondent's inclusion of this word in their apartment sales brochure would lead to deception.
• Hence, the appeal was filed before the Division Bench of the Delhi High Court.
  
  

Main issue:

Whether any common word can be registered as a Trademark or Service mark under the ambit of the Trademark Act 1999?