Honest and Concurrent Use Under Section 12: Registration Ground or Defence in Infringement?

Introduction The Trade Marks Act, 1999, tries to strike a balance between the proprietary rights and ensuring fairness in this competitive world. The general rule is that a registered proprietor exclusively enjoys exclusive rights to their mark. But there are certain exceptions to this general rule, one of such is Section 12 . Section 12 of the Trademarks Act, 1999 states that when more than one proprietor of a similar or identical trademark registers the trademark in an honest and...