Prior user

Sir plz refer Trade Marks CT 1999

Sir, can u suggest   supreme court  judgment where court has defined clear definiation of the same  

Sir,here no Citations shall be provided,if u need any Professional service u could inbox me .. Regards..Balachander Reddy ,LLM  IPR

Prior user logically means who is been using the Trademark before you use.

“Prior Use” constitutes the following:

(1) the use of a mark identical or nearly resembling the registered mark, by a third person, must be in relation to the goods and services for which the first-mentioned mark is registered;

(2) the use must be a continuous use of the trademark in India;

(3) the trademark must be used by the proprietor in order to avail the protection;

(4) the mark must have been used from a date prior to the use of the registered trademark or the date of registration whichever is earlier.

Try to search yourself.

Who so ever establish it self to be prior user of a trademark, by filing bills, invoices, advertisement material , is prior user. There are plethora of Judgments which takes care of non physical use of a trademark

Who so ever establish it self to be prior user of a trademark, by filing bills, invoices, advertisement material , is prior user. There are plethora of Judgments which takes care of non physical use of a trademark