A Nuanced Trademark Distinction: 29(1) vs 29(2)? – Part II by Eashan Ghosh
(Continued….) Part I is available here. Distinguishing Conditions / Effects The third observation from the outcome table is that the key difference between Sections 29(1) and (2), as the defence in Ajanta hinted at, lies in the further condition / effect required to be met. To be clear, the three conditions / effects in issue are: “use in a manner as to render the mark likely to be taken as being used as a trademark” under Section 29(1); “use in…
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