Introduction

The concept of "use" under trademark law is central to establishing rights, enforcing protection, and defending ownership. A recent decision by the U.S. Court of Appeals for the Federal Circuit denied trademark protection for the color dark green used on medical examination gloves, holding that the applicant failed to prove acquired distinctiveness. This ruling reinforced the high bar for establishing color as a source identifier in U.S. trademark law.

This development has sparked renewed attention to how different jurisdictions approach non-traditional trademarks, particularly color marks. Inspired by this, the present article takes a deeper look at the Indian legal approach to trademark "use," including how courts interpret use in relation to non-conventional marks like co

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