Right conditions may allow concurrent trademarks

By Abhai Pandey,Lex Orbis IP Practice

India is a vast market with many levels of consumers with their own purchasing power and preferences for goods and services. This scenario allows for many unregistered trademarks in small pockets as the registration of a mark is not mandatory. It is therefore possible for a two or more similar marks to be in operation at the same time.

Abhai Pandey, Lawyer, Lex Orbis IP Practice
Abhai Pandey
Lex Orbis IP Practice

To which mark should the law extend its protection? In fairness, both may need it.

A user of such a trademark can seek protection and claim prior user or concurrent user status.

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Abhai Pandey is a lawyer with LEX ORBIS IP Practice, a firm specializing in intellectual property with offices in New Delhi.

709/710, Tolstoy House, 15-17, Tolstoy Marg
New Delhi – 110 001
Tel: +91 11 2371 6565
Fax: +91 11 2371 6556
Email: mail@lexorbis.com