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ARTICLE · 14 NOVEMBER 2016

Understanding The Nuances Of Trade Mark Litigation In India

Vaish Associates Advocates
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The first and the foremost point to be noted for protection of a trademark in India is that the "Registration" of a trade mark under the (Indian) Trade Marks Act, 1999 is not a condition precedent for seeking protection in India.

IndiaIntellectual Property
Vijay Pal Dalmia
Vijay Pal Dalmia
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Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

The first and the foremost point to be noted for protection of a trademark in India is that the "Registration" of a trade mark under the (Indian) Trade Marks Act, 1999 is not a condition precedent for seeking protection in India. Accordingly, both registered as well as unregistered trademarks are protectable in India by way of an infringement or passing off action in the court of law.

Acquisition of right in a trade mark in India

In India, Right in a trade mark may be acquired in any of the following ways:-

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