The generic terms like "Hot Chocolate" can be adopted as Trade Mark provided the goods or services for which the mark is adopted are not of same description. For instance, the mark "Hot Chocolate " is a bad Trade Mark for chocolate or related articles but can be a good trade mark for shoes or other goods or services not directly related to term chocolate. Domain Names are also considered to be the Trade Marks and the protection to the generic names is very difficult. For example "Naukri .com" is a descriptive term and cannot claim monopoly for the mark in respect of Job related services. However, the descriptive terms can also become a well known trade mark provided ample evidence can be produced to show that the mark is associated only with the particular good or service and identifies the source or manufacturer or provider of such goods/services.
