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Companies Law - Highlights / Catch Notes

Home Highlights September 2013 Year 2013 This

Exclusive Right over Trademark - no one can claim exclusive ...


Trademark Dispute: "IMPERIAL" Cannot Be Exclusively Owned; "IMPERIAL RED" Requires Further Examination for Registrability.

September 4, 2013

Case Laws     Companies Law     HC

Exclusive Right over Trademark - no one can claim exclusive right for the word 'IMPERIAL' since the word 'IMPERIAL' was only a common word - the petitioner had also registered yet another trade mark 'IMPERIAL RED' - Therefore, the word 'IMPERIAL' had to be looked into along with the colour to decide the issue, 'whether the trade mark of the petitioner could be registered or not' - HC

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