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June 22, 2023

Special Legal Issues Seminar-General IP (SLIS-GIP) On ‘Notable Delhi HC IP Division Decisions Pertaining To Section 9 Of The Trade Marks Act, 1999’

Featuring: Priyanshi Rastogi

A ‘Special Legal Issues Seminar – General IP’ (SLIS-GP) was conducted by Priyanshi Rastogi, Trainee Associate on “Notable IP Division Decisions Pertaining to Section 9 of the Trade Marks Act, 1999”. The seminar delved into the decisions of the IP Division of the Delhi High Court which had analysed the scope of Section 9 of the Trade Marks Act, 1999. To better understand the applicability of various decisions of the IP Division to the evolving IP practice, the members engaged in a dialogue on the decisions rendered by the IP Division on various aspects of absolute grounds of refusal of registration under Section 9, including, anti-dissection principle, the concept of distinctiveness vis-à-vis descriptiveness, factors for ascertaining acquired distinctiveness, and use of geographical name in composite marks. The session was attended by ALG’s Of Counsel, Mr. R. A. Tiwari, who provided the members with his invaluable insights on examination of trade marks in light of the proscriptions under Section 9 of the Act.

The presentation can be accessed here.

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