As we know, there’re different classes in TM & one acquires exclusive rights over the TM in a class (which again, consists of several set of different goods/services) w.r.t. goods or services manufactured or proffered. But what if there’re two different goods or services falling under the same class, and further, there’re two contenders for the exclusive rights or user, of the same TM?
In such issues, two S.C.
cases are mostly referred:
1. Nandhini vs. Nandini
-> Wherein, it was deduced that an exclusive right owner of TM cannot enjoy
the monopoly over the entire set of goods or services in one class, &
proprietorship is only restricted to the goods/services manufactured/proffered;
if the well-known part isn’t involved.
2. Cadila vs. Cadila
-> Wherein, certain questions were laid down to be discerned & addressed,
whenever any issue of deceptive similarity is incurred in same class.
The second case is
mostly used w.r.t. pharmaceutical products, whilst, the first one, for other
goods & services.
Now, apart from the
above, the concurrent use, priority, whether either TM became well-known
before the opposite side applied to become exclusive user/proprietor etc.;
are also looked into at the same time. So, it isn’t like if one’s goods in the same
class are different, one would acquire the TM; or, even if goods or services are
falling under different classes, one would get proprietorship, even if the
other mark had already acquired the well-known distinctive status.
© Pranav Chaturvedi
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