Can I apply for Trademark Mark which is Registered or Applied by others ? Yes

There are situations you can apply for trademark which is registered or applied by others. Here we explain you how.

Why Applied For or Goods Type is important in decision making. The following 2 points are important.

  • Prior User
  • Different Goods Type.

Example situations of Different Goods type.

1. ABC has Applied or Registered for name Green India in respect of Fertilizers in Class 1

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Now XYZ wants to Apply Green India in respect of Pesticides which also falls in Class 1

The question arises whether  or not XYZ should apply ?

XYZ shall very well apply in respect of Pesticides. Since the Goods type is different for both companies. Here in the example case one is using respect of Fertilizers and other in respect of Pesticides.

Example of Prior User

Situation : ABC Company applies for a trademark named “XXXX” on 2014, and they claim user since 1970 but XYZ Company Applies or Applied in 2011  & got it Registered and their user date is 2010.

Does it mean ABC Cannot Register ? The answer is No. ABC has prior user date than XYZ Company.

There are still many exception to the above situation. Unless we see analyze the name, its impossible to come to conclusion. 

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