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ARTICLE · 19 FEBRUARY 2021

IPAB Puts Stay On Use Of Trademark N95

Khurana & Khurana, Advocates and IP Attorneys
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On 4th December 2020, the IPAB, Delhi passed an interim stay of operation on the trademark registration of the word "N95"- with registration number 4487559 in class 10.

IndiaIntellectual Property
Suvangana Agarwal
Suvangana Agarwal
Talin Bharadwaj (Intern)
Talin Bharadwaj (Intern)
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On 4th December 2020, the IPAB, Delhi passed an interim stay of operation on the trademark registration of the word "N95"- with registration number 4487559 in class 10.

The rectification application was filed under section 57 of the Trade mark Act, 1000 for the removal of the "N95" label.

The court held that N95 mark prima facie offends under Section 9 of the Trade marks Act as it is descriptive of the goods. They held that N95 is a prima facie generic term that is used to establish the quality of the mask. They analysed the concept of the N95 mask, by tracing its timeline and observed that the historically, the "N" stands for "not resistant to oil" and it has the capability of filtering our 95% of airborne particles.

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