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Specifics of international private law

In the Highcourt of Delhi at New Delhi Pronounced on: 10th April, 2023 The use of the article ”the”, in Section 17(2)(b) of the TradeMarks Act, 1999 is, in our opinion, significant. There is a clear difference between the expressions “common to trade” and “common to the trade” which was mentioned by the Hon’ble Justice C Hari Shankar with his usual perspicuity explained that if the legislature has, in the phrase “common to the trade”, inserted the definitive article “the”, that...