Skip to main content

Nupur Sharma explains how trade mark rights are vested in owners without any formalities, beginning instead with first use.

In the Intellectual Property field, Trade Marks rights are vested in the owners without any formalities. As soon as a Trade Mark is launched in the market or a proprietor has started using a mark, the rights vest in that Trade Mark and no registration is required to obtain these rights.

Hence, prior Trade Mark rights are very important and one should not adopt a similar or identical mark, which is already existing in the market. If a well-known mark already exists in the market, then the subsequent proprietor should avoid to adopt this mark as the prior mark whether a well-known, reputed or ordinary will definitely obstruct the passage of the later Trade Mark, though the later Trade Mark is used on different goods.

This article was published on Legal 500.

Most Recent

News & Insights

VIEW ALL
Thought Leadership
Feb 04, 2025

‘First published on Lexology’ The India Cyber Threat Report 2025 by the Data Security Council of India identified Deepfake exploitation as one

Real or Fake? Dealing with Deepfakes Dilemma in Digital Society
Thought Leadership
Sep 25, 2024

‘First published on IAM‘ By: Vaishali R Mittal and Siddhant Chamola In summary This article covers the biggest judicial decisions in Indian patent

India: recent SEP rulings and evolving jurisprudence shaping patent landscape
News & Updates
Sep 19, 2024

Two key representatives from the World Intellectual Property Organization (WIPO) Madrid Registry visited our office on September 19 to understand the needs

WIPO representatives visit Anand and Anand office
News & Updates
Sep 13, 2024

Anand and Anand has been recognised as an ‘Outstanding Firm’ for Intellectual Property in the asialaw 2024 Rankings. We have also been ranked ‘Highly

Asialaw 2024 Rankings