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March 11, 2026

Legal Issues Seminar-General IP (LIS-GIP) On “Whether Exclusive Rights Can Be Claimed In A Common Element Shared Across Multiple Marks Of A Proprietor?”

Featuring: Adyanshi Kashyap

A Legal Issues Seminar – General IP (LIS-GIP) Was Conducted By Adyanshi Kashyap, Associate, On “Whether Exclusive Rights Can Be Claimed In A Common Element Shared Across Multiple Marks Of A Proprietor?”

The seminar examined whether the exclusive rights conferred by registration can extend to a common element appearing across multiple marks of the same proprietor under Trade Marks Act, 1999. The discussion explored the interpretational issue that arises where a proprietor adopts several marks containing a common element and seeks to restrain another party from using that element, particularly where that element is not independently registered. While some decisions have declined to recognize exclusivity in such shared elements and emphasized protection of the mark as registered, others have acknowledged that consistent use of a common element across a series of marks may lead it to acquire distinctiveness. The session concluded with the observation that the ability to restrain use of such a common element depends not merely on its presence in multiple marks, but on whether it has, through use, has acquired distinctiveness such that consumers associate it with a single source.

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