It is one of those grounds in which identical or similar marks by more than one proprietor and in relation to similar goods may be permitted registration by the Registrar.
The factors laid down as necessary conditions to be fulfilled in order to prove Honest Concurrent user defense:
The extent of use pertaining to the duration, quantity, area of the trade
The degree of confusion likely to result from the resemblance of the marks, which is to a great extent indicative of the measure of public inconvenience
The honesty of the concurrent use
Whether there exists factual proof of such instances of confusion having occurred
The relative inconvenience, which would be caused if the marks were registered, subject if any conditions.
Various cases, in India, has been dealt with regards to Honest and Concurrent use like Dr. Reddy’s laboratories, ITM trust. All judgementdo not meet the same fate. They differ on various factors and grounds.
We, at Makhija and Associates, stress upon thorough trademark search and investigation. As rightly said, prevention is better and cheaper than cure,
weundertake comprehensive search and opinion is given by our professional legal experts who have years of experience in IP.
We compare various cited trademarks with our clients’ trademark using various benchmarks and criteria. We also see to it that in case if the cited mark is already registered , our client still can file trademark application based upon certain grounds.
For any IP requirement, call us on 25324718, or mail us at firstname.lastname@example.org. Visit us at www.makhijaandassociates.com .