Secondary Meaning Trademark

Descriptive Marks and the Acquired Distinctiveness

Descriptive Marks and the Acquired Distinctiveness Doctrine in Indian Trademark Law

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

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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