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HC explains when Trademark registration of shape of a product can be granted
Case Law Details
- Case Name
- Knitpro International Vs Examiner of Trade Marks (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Knitpro International Vs Examiner of Trade Marks (Delhi High Court)
Settled legal position is that in order for a shape trademark to be registered, it has to be shown that the said shape is not the generic shape of the product. It has to be a distinctive shape that associates the mark with the source by itself without anything further like a name or logo appended on it. The shape must have lost its inherent or generic meaning and ought to have acquired a secondary connotation. The standard of distinctiveness required to be acquired would be quite high.
Having recorded the legal position on sha...
