Publication Alert- ‘Priority of trademark application vis-a-vis prior use’ published on Bar and Bench

An article titled ‘Priority of trademark application vis-a-vis prior use’, authored by Partner Zeeshan Khan and Associate Visheshta Kalra examining the recent decision of the Delhi High Court in Parle Products Private Limited v. Registrar of Trade Marks & Anr. The article analyses the important question of whether rights in a trademark are determined by prior commercial use or by an earlier trademark application filed on a “proposed to be used” basis.

Through a detailed discussion of the facts, arguments advanced by the parties, and the Court’s reasoning, the article highlights the circumstances in which an earlier bona fide trademark application may prevail over a subsequent user of the mark. It also discusses the distinction drawn by the Court from the Supreme Court’s decision in Neon Laboratories Ltd. v. Medical Technologies Ltd. and the significance of Section 18 of the Trade Marks Act, 1999.

The article provides valuable insights into the evolving jurisprudence on trademark priority and serves as a useful reminder of the importance of timely trademark filings and comprehensive clearance searches before adopting a new brand.

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