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Legal Shorts; SC deals with Trade Mark having two registered owners!

 

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Trade Marks Act, 1999 – S. 28 – Conflict between two registered owners of trade mark which are identical or nearly resemble each other – Consequences – Relevance of not having opposed registration despite due procedure for registration having been followed.

Held, between two registered owners of same or similar trade mark, exclusive right to use trade mark is not available to one registrant against the other registered owner (the other registered owner has the same rights against third persons) – Hence, plaintiff cannot say that its registered trade mark is infringed only on the ground of registration of its trade mark, when defendant is also enjoying registration of the trade mark and such registration also gives right to defendant use the same, as provided in S. 28(1), unless plaintiff can establish a superior right at common law.

Case:
S. Syed  Mohideen Vs. P. Sulochana Bai

Citation:
(2016) 2 SCC 683: (2016) 2 SCC (Civ) 201.

Bench Stenghth – 2.
Coram: H.L. Dattu, C.J. and Dr A.K. Sikri, J.

Date of decision: 17-3-2015.
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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