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April 8, 2025

Legal Issues Seminar-General IP (LIS-GIP) On “What Is The Threshold Of Use Of A Trademark To Claim Quia Timet Action? 

Featuring: Sonal Kumari

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Sonal Kumari, Trainee Associate, on “What is the threshold of use of a trademark to claim Quia Timet Action?”. The seminar discussed relevant provisions under the Trade Marks Act, 1999 and the Code of Civil Procedure, 1908 to determine whether an anticipatory infringement claim is maintainable via Quia Timet Action. The session analysed various judgments where the courts tried to strike a balance between credible threats and mere apprehensions. The seminar concluded with the members exchanging their views on what constitutes as “Imminent Threat” to establish a claim of Quia Timet Action under the Trade Marks Act, 1999.    

The presentation can be accessed here.

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