Trademark In IndiaRights Of Prior User of Trademark Over Prior Registration Of TM

March 12, 20160

Prior user’s rights will override those of a subsequent user even though subsequent user had been accorded registration of its trade mark.

Proprietor of a trade mark (TM) does not have the right to prevent use by another party of an identical or similar mark where that user commenced prior to the user or prior to date of registration of proprietor.

Such user gets rights when its user is prior to the user of registered proprietor or prior to the date of registration of the proprietor, whichever is earlier.

[Neon Laboratories Ltd. v. Medical Technologies Ltd., (2016) 2 SCC 672]

Leave a Reply

Your email address will not be published. Required fields are marked *

Current day month ye@r *

© 2020-21 AMLEGALS Law Firm in Ahmedabad, Mumbai, Kolkata, New Delhi, Bengaluru for IBC, GST, Arbitration, Contract, Due Diligence, Corporate Laws, IPR, White Collar Crime, Litigation & Startup Advisory, Legal Advisory.


Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
    • there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
    • user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
  • the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
  • We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.