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October 11, 2022

Legal Issues Seminar-General IP (LIS-GIP) On “Is The Threshold For Distinctiveness For Colour Marks Higher Than For Conventional Marks?”

Featuring: Tarini Sharma

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Tarini Sharma, Trainee Associate on “Is the Threshold for Distinctiveness for Colour Marks Higher than for Conventional Marks?”. The seminar explored relevant provisions under the Trade Marks Act, 1999, and the view taken by the courts in respect of the circumstances when colour marks can be said to have acquired distinctiveness in order to be afforded trademark protection. The session concluded with an interesting discussion on the protection of colour marks as part of trade dress and whether there is a need for a demarcation in the standard for protection of single colour marks as against combination of colour marks.

The presentation can be accessed here.

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