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Author Topic: Prior User Rights of Trademark in India  (Read 2018 times)

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Offline Intepat

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Prior User Rights of Trademark in India
« on: June 03, 2016, 01:55:09 PM »
What happens if you apply for a trademark application and get the trademark registration, but later find that someone else has been using that same trademark since before you had filed?

Well, the principle of “Priority in adoption and use prevails over priority in registration” holds good in this context. It is a well accepted judicial principle that the rights of a prior user of the mark are kept on a higher pedestal than even that of the proprietor of a registered trademark. Prior user’s rights will override those of a subsequent user even though the subsequent user had been accorded registration of its trademark.

« Last Edit: June 03, 2016, 09:49:36 PM by admin »

Offline kalaskarkk

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Re: Prior User Rights of Trademark in India
« Reply #1 on: January 18, 2018, 04:02:00 AM »
Dear Sir,

According to Section 34 of the Trademarks Act, 1999 "the proprietor of registered trademark or a registered user cannot interfere with the use of any identical or similar mark if the person has been using the mark from an earlier date".

The section provides for protecting the vested rights preventing a proprietor or registered user of a trademark from interfering with the honest use of an identical trademark or a mark nearly resembling with the registered mark.
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