- Case number
- C.O. (COMM.IPD-TM) 176/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Tejas Karia
- Outcome
- Rectification allowed
Headnote
Rectification allowed on the strength of prior use. The Court restated that a prior user's rights override those of a subsequent user even where the latter's mark is registered. The petitioner pleaded and substantiated use from 1999 with invoices, while the respondent's own application claimed use only from 2007, so priority was established. With identical or deceptively similar marks for identical goods and no bona fide adoption shown, the entry was wrongly remaining on the Register.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.