LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
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The Trade Marks Act, 1999 palpably holds under Section 34 the
first user rule. Section provides that a proprietor of a trade mark
does not have the right to prevent the use by another party of an
identical or similar mark where that user commenced prior to the
user or date of registration of the proprietor. This is commonly
referred to as "First user" rule which is a seminal part
of the Trade Marks Act.
Prior use of trademark under Section 34 of Trademarks Act by
Nisha Sharma
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
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Prior Use Of Trademark Under Section 34- In "India" And "Outside India"
IndiaIntellectual Property
Contributor
LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
