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Sagnik (Management Trainee)     21 August 2012

Many users bearing the same trademark

Dear All,

We are the registered user of a certain trademarks but on inspecting the same on the ipindia's  website we find 5 other users bearing the same trademark. Can two or more users have the same registered trademark ??? And in such a senario how can we protect our trademark from getting infringed ?


Sagnik Sanyal


 2 Replies

Lakshmi Narayana (IPR Consultant /Trademark Agent )     21 August 2012

Dear Sagnik Getting of Trademark is not a simple task for some cases. There is so much of law and procedure involved in it . For IPR each and every case is unique and independant. Every attorney and advocate should spend their valuable time  to protect the rights of their clients. Please choose your nearest IPR Consultant or Advocate at the earliest. 

And there may be a scope to register the same brand to morre than one person, it depends upon the legality and Honest and Concurrent use of the brand.and subject to the provisions of the Act and rules of the Trademarks.

With Best regards

Lakshmi Narayana N



subramanian (consultant)     22 August 2012

        Two or more trade marks  may be registered on the basis of honest concurrent use  or prior use for different areas etc.If you feel that the other trademarks were wrongly registered you can file rectification application to remove the marks on the grounds specified for rectification.


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