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International Journal for Research Trends and Innovation
International Peer Reviewed & Refereed Journals, Open Access Journal
ISSN Approved Journal No: 2456-3315 | Impact factor: 8.14 | ESTD Year: 2016
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Impact Factor : 8.14
Issue per Year : 12
Volume Published : 10
Issue Published : 113
Article Submitted : 18006
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Total Authors : 20484
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| Paper Title: | Prior Art As A Defense: Scope And Limitations In Trademark Law In India |
| Authors Name: | Tanuj Nakra |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJRTI_184701
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| Published Paper Id: | IJRTI2211101 |
| Published In: | Volume 7 Issue 11, November-2022 |
| DOI: | |
| Abstract: | We live in a world which is so diverse and dynamic in nature. As we say there are no two persons who are alike a hundred percent but it the likely hood of someone’s trade mark being identical to another’s is more. So, trademarks require protection as and when they are created. But the simple question that rises is that since the statutes are in order today for the protection of trademarks, is it necessary for one to go through the registration process as envisaged in the act? Can someone who does not have a registered trademark seek protection? Is it possible to apply some test case to case basis to identify the ownership of a trademark? Are the provisions for protection absolute? This paper includes precedents and literature from books to answer the above questions. Effects of acquiescence are also discussed for the purpose of limitation to prior user’s right. This paper also includes the practical applications of the provisions through various high court and supreme court judgements. Provisions relating to passing off are also discussed. |
| Keywords: | Prior Use, Action of Passing Off, Practical, Trademarks Act, Act of 1857 |
| Cite Article: | "Prior Art As A Defense: Scope And Limitations In Trademark Law In India", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.7, Issue 11, page no.725 - 727, November-2022, Available :http://www.ijrti.org/papers/IJRTI2211101.pdf |
| Downloads: | 000205103 |
| ISSN: |
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID: IJRTI2211101
Registration ID:184701
Published In: Volume 7 Issue 11, November-2022
DOI (Digital Object Identifier):
Page No: 725 - 727 Country: Gurugram, Haryana, India Research Area: Social Science and Humanities Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2211101 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2211101 |
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ISSN: 2456-3315
Impact Factor: 8.14 and ISSN APPROVED,
Journal Starting Year (ESTD) : 2016
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