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September 1, 2023

Legal Issues Seminar-General IP (LIS-GIP) On Would The “Exclusivity” Principle Derived From The Absolute Grounds Of Refusal Of A Trademark Imply Exclusion Of The “Dominant Part” Principle?

Featuring: Akshita Goyal

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Akshita Goyal, Trainee Associate, on “Would the “Exclusivity” Principle Derived from the Absolute Grounds of Refusal of a Trademark imply Exclusion of the “Dominant Part” Principle?”. The seminar explored the provision of Section 9(1)(b) of the Trade Marks Act, 1999, which lays down the conditions inviting an objection to registration of a trademark on the ground of descriptiveness. The session delved into the various judicial decisions that analyzed registrability of a composite device mark vis-à-vis descriptiveness. The seminar focused on decisions where courts have employed the “dominant part” principle while determining registrability of a composite device mark. The session concluded with an insightful discussion on the recent developments in the judicial outlook on the application of “exclusivity” principle and “dominant part” principle in consideration of descriptiveness objection.

The presentation can be accessed here.

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