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March 16, 2023

Legal Issues Seminar-General IP (LIS-GIP) On ‘Whether There iIs A Threshold To Determine ‘Continuous Use Under The Defence Of Prior Use?’

Featuring: Anurathna Mathivanan

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Anurathna Mathivanan, Associate, titled “Whether there is a threshold to determine ‘continuous use’ under the defence of prior use?”. The seminar analysed the relevant provisions under the Trade Marks Act, 1999, which provide the defence of prior use and its pre-requisites. The seminar also analysed judicial precedents that considered the criteria and threshold to determine the extent of use to be proved with evidence, to qualify as ‘continuous use’. The session concluded with an engaging discussion into the judicial trend in determining what constitutes as ‘use’ of a mark, and the criteria of determining the significance of use to claim goodwill generated under the mark.

The presentation can be accessed here.

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