Legal Question in Intellectual Property in India

1) What is ur query? When the second copied person has no right at all, what power means what?

2) Original owner has the power not the second person who copied.

Sir

Under trademark law, registration is the first proof of the ownership of the mark. However, there are several exceptions to this principal :-

1) Passing Off - u/s 27 of the TM Act - If there is any person, who is a prior user then the first registered mark, then such subsequent registered mark, cannot prevent the prior user of such mark, though such first mark is not registered

2) Under Section 34 of the TM Act - If one person is using a trademark prior to the first registered mark, and if it is shown to the satisfaction that such person is using the Trademark even prior first registered mark, then under such circumstances, registrar is bound to register the second mark, notwithstanding first mark already been registered

3) Udner S. 35 of TM Act - ANy person who bona fide uses his name, description, etc. then first registered cannot prevent such bona fide use of such common known materials.

4) GENERIC NAMES - Many time first registered owner, trademark generic names. Under the circumstances, subsequent user can challenge the registration of such first mark, on the ground of genericness of the mark

Rest, it all depend son fact and circumstances of the case

Feel free to contact

Best Regards

Vivek N Mapara

www.vnmlaws.com

www.trademark.vnmlaws.com

+91 - 94264 82371