Legal Question in Intellectual Property in India

If there are two proprietor of a same trademark, one is registered user of trademark and the other is prior user of the same trademark. If it came to the knowledge of the prior user that the other registered proprietor is using the same trademark as he uses, and if the prior user has already filed an application for registration, can he sue the registered user of the same trademark on the ground of prior use?

Asked on 7/21/11, 12:33 am

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yes, he may do that.

Answered on 7/21/11, 1:36 am

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yes

Answered on 7/21/11, 6:59 am

KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

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yes he may proving that he was the prior user though not registered

Answered on 7/22/11, 10:45 pm

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