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January 19, 2021

Legal Issues Seminar (LIS) on ORA/97-98/2009/TM/DEL – ‘Could it have been decided differently?’

Featuring: Manavi Jain

A Legal Issues Seminar’ (LIS) was conducted by Manavi Jain, Principal, on legal issues in the IPAB judgement ORA/97-98/2009/TM/DEL ‘Eveready Industries v. Mrs. Kamlesh Chadha’, analyzing how it might have been possible for this case to have been decided differently than it has been. Part of a 10-Session Legal Issues Seminar Series planned by her, the Seminar examined the key points of fact and law on which the decision is built and on which it turns, presenting alternatives to them which have been rejected or preferred over or not entertained. The presentation explored interesting and significant legal issues relating to trademark renewal.

Breaking away from the standard Q&A, the session led to an interesting discussion on the effect of non-service of documents by the TM Office, various precedents on the mandatory service of renewal notice and an interpretation of the provision on restoration of trademarks. The presentation can be accessed here.

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