India:
Prior Use Of Trademark Under Section 34- In "India" And "Outside India"
To print this article, all you need is to be registered or login on Mondaq.com.
The Trade Marks Act, 1999 palpably holds under Section 34 the
first user rule. Section provides that a proprietor of a trade mark
does not have the right to prevent the use by another party of an
identical or similar mark where that user commenced prior to the
user or date of registration of the proprietor. This is commonly
referred to as "First user" rule which is a seminal part
of the Trade Marks Act.
Prior use of trademark under Section 34 of Trademarks Act by
Nisha Sharma
https://www.lexology.com/library/detail.aspx?g=ecaf4f7c-9e9d-4395-8e96-ddfebf0445d5
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Intellectual Property from India
Patent Amendment Rules 2024
Accures Legal
The Central Government, under the authority of Section 159 of the Patents Act, 1970 (39 of 1970), has revised the Patents Rules, 2003 and published in Official Gazette dated 15 March 2024, as...
AI & Copyright
Argus Partners
2023 was a big year for generative AI. AI - or artificial intelligence - suddenly went from being a thing of science fiction or a topic of debate among technophiles on online reddit forums...
Resounding Victory For Copyright 'Agents'
Remfry & Sagar
Indian copyright jurisprudence has time and again been faced with the question of validity of copyright societies particularly ones dealing with musical works and sound recordings.