Descriptive Marks India

Descriptive Marks and the Acquired Distinctiveness

Descriptive Marks and the Acquired Distinctiveness Doctrine in Indian Trademark Law

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Of all the categories of marks that traverse the trademark registration process in India, descriptive marks present the most nuanced and intellectually demanding set of questions. They occupy the contested middle ground of the distinctiveness spectrum neither inherently protectable like fanciful or arbitrary marks, nor wholly beyond protection like generic terms and their treatment reveals, […]

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The Concept of Distinctiveness in Indian Trademark Law

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Distinctiveness is the soul of a trademark. It is the quality that separates a protectable brand identifier from an ordinary word, symbol or device that belongs to the common stock of language and commerce. Without distinctiveness, a mark cannot perform the essential trademark function the identification of the commercial origin of goods or services and

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Absolute Grounds for Refusal under Section 9 of the Trade Marks Act, 1999

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A trademark application in India does not receive registration as a matter of course. Before a mark enters the Register of Trade Marks and the statutory rights of an exclusive proprietor crystallize, the application must pass through a rigorous examination process administered by the Trade Marks Registry. That examination is governed by two distinct categories

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