Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court has ruled that prosecution history estoppel extends to trademark cases, impacting a party’s rights based on prior representations. Full disclosure of all prosecution material is required in trademark litigation for fair adjudication.

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Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?

The Delhi High Court recently ruled that applicants cannot later refute their own submissions made during trademark prosecution. The judgment underscores the significance of consistent representations, especially concerning generic terms in trademark disputes within the news industry.

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