How to establish the ‘Prior User’ status?

The question of ‘Prior User’ may be established before the Court of Law by the Proprietor of an unregistered trademark by producing any of the following documents:

  1. First sale invoice copy bearing the Mark
  2. Any copy of license obtained from any Statutory Authorities like Municipal Corporation, Sales Tax, Excise Department etc subject to condition that such license should bear the unregistered trademark or trade name or trading style.
  3. Any advertisement appeared in Newspapers, Periodicals, Magazines or Leaflets containing the unregistered trademark.
  4. Any other relevant documents bearing the unregistered trademark.

 

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