In case of Identical or similar Trademark
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Sarah Bhandari /
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14-Feb-2019 05:47 AM /
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Can a registered user restrain third party from using identical or similar mark if third party is continuous and prior user of the mark?
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Posted By : Sarah Bhandari /
Published on :
19-Apr-2019 04:59 AM /
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700 /
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04-Apr-2019 05:11 AM /
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841 /
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Please Suggest,
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Posted By : Sarah Bhandari /
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03-Apr-2019 05:19 AM /
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Posted By : Sarah Bhandari /
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02-Apr-2019 04:47 AM /
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661 /
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Dear Members,
Kindly assist me with below query
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Posted By : Sarah Bhandari /
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29-Mar-2019 05:13 AM /
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753 /
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How much TDS will be deducted in case of payment of Remuneration to Company's Director?
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Posted By : Sarah Bhandari /
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29-Mar-2019 05:06 AM /
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776 /
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Please assist me knowing the conditions which must be Satisfied When Payment made to Sub-contractors?
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Posted By : Sarah Bhandari /
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14-Feb-2019 05:42 AM /
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950 /
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Hi All,
Please assist me to know if the trademark is not used for years is the trade mark liable for removal on the ground of non-use?
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Posted By : Sarah Bhandari /
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08-Feb-2019 05:06 AM /
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728 /
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Dear All,
One of my clients want to change the sole member(who is a director also) of OPC kindly guide me the procedure he has to follow?
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Dear maam,
Statutory recognition to the aforesaid principle can be found under Section 34 of the Trademark Act, 1999 which enumerates that a registered proprietor or registered user of a trademark cannot interfere with the use of any identical or similar mark is a person has been using a mark from an earlier date.
It is a well settled principle of Trademark Law that prior use of the goods will override the subsequent user, even though subsequent user has a registered trademark.
In a recent case the Supreme Court in the case of S. Syed Mohideen vs. P. Sulochana Bai, had held that the scheme of the Act is such where rights of the prior user are recognised superior than that of the registration and even the registered proprietor cannot disturb interfere with the rights of the prior user.