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Article: Prior User Favors Registration As Trademarks.
- Article from:
- Mondaq Business Briefing
- Article date:
- January 14, 2008
- Author:
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The establishment of "prior user" of a mark is an important strategy in defending infringement actions where the mark and the goods covered are identical as well as in trademark prosecution stages. The instant case Nandhini Deluxe versus Nandhini 2007 (35) PTC 813 (Reg.) deals with a trademark opposition proceeding discussing "prior user" of the mark.
The Applicant trading as M/s Nandhini Deluxe filed an application for registration of trademark "NANDHINI DELUXE" with logo with respect to class 29 and after clearance of some preliminary objections the mark was advertised before acceptance for registration. The Opponent trading as M/s NANDHINI a/c (Andhra Style ...