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The effects of the K-Swiss dispute before the Trademark Office are still being felt across India today, as absolute grounds of refusal under the Trademark Act are being more seriously deliberated. The office’s decision sheds light on the nuances of proving whether a trademark constitutes a geographical indication.
Citations 2023 LiveLaw (Del) 537 to 2023 LiveLaw (Del) 568NOMINAL INDEXDR SOHAIL MALIK v. UNION OF INDIA & ANR. 2023 LiveLaw (Del) 537 Harkirat Singh Sodhi v. Oram Foods Pvt Ltd 2023 LiveLaw (Del).
The Delhi High Court has held that when documentary evidence is sufficient for determining the well-known status of a trademark, the filing of evidence by way of affidavit is not mandatory.Justice.
The Delhi High Court has referred to the larger bench the issue of whether the rules dealing with procedural aspects, including those relating to the filing of evidence introduced by the Trademarks.