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Sharenya   01 October 2015

Query regarding trademark

Hello Sir/Mam, Kindly help with the following case law.
Mr.A registered his company XYZ Enterprises Private Ltd & obtained Certificate of Incorporation on 29th May 2012
Mr.S registered also registered his company XYZ Technology solutions (ONE PERSON COMPANY)& obtained Certificate of Incorporation on 14th August 2015.

Mr.S applied the name "XYZ" for Trademark on August 17th 2015 and the application is pending. Similarly Mr.A applied trademark for the same name "XYZ" on 20th September, thereby opposing Mr.S's application for trademark.
Is Mr.A's application for opposing the trademark a valid one (since his company got registered & incorporated first )??
In the above case whose trademark application will be accepted ? 
Kindly help me please

 



Learning

 2 Replies

anand (legal advisor)     03 October 2015

Dear Sharenya,

In this case prior user shall have say as per indian law but you need to produce proofs that you were using the mark since 2012, prior application does not have much say but prior use has and if the class of goods or services are different then both can get the same trade name and in many cases concurrent use may be granted by the registry or else they may also allow with territorial limitaion on it. 

Aditya Sharma (Advocate)     07 October 2015

hi,

whoever applies the first gets the mark registered. provided nobody with existing registered mark is there.

Mr. A cannot oppose the aplication as his mark is still not registered.

thanks.


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