In case of Identical or similar Trademark

    Posted By : Sarah Bhandari / Published on : 14-Feb-2019 05:47 AM / View : 77 / Comment : 1
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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?
    Read more on : trademark similar identical case

    • 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.

       

      29-03-2019 / 05:30:45 AM
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