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prior use

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trademark
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Delhi High Court orders rectification of trademark register by cancelling ‘BSM’ mark — “Prior user rights prevail over later registration, bad faith adoption inferred”

Headnote Trade Marks Act, 1999 – Section 57 – Rectification of Register – Prior user – Deceptive similarity – Bad faith adoption – Identical goods – Phonetic and visual similarity.Held,…
Posted by Rawlaw December 27, 2025
Madras High Court powerful ruling on deceptive trademark adoption: “Prior user prevails when bona fides are absent”, word marks dominate consumer perception, and minor variations in packaging will not save infringers
Posted inNews

Madras High Court powerful ruling on deceptive trademark adoption: “Prior user prevails when bona fides are absent”, word marks dominate consumer perception, and minor variations in packaging will not save infringers

Court’s decision The Madras High Court granted a permanent injunction restraining the defendants from using the mark “BOUNCE” for alcoholic beverages on the ground that the defendants’ adoption lacked bona…
Posted by Rawlaw November 8, 2025

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