Mathur. Therefore, he has been
an honest and concurrent user. In any event, the
plaintiffs' applications were not entitled to the reliefs ... view of acquiescence by the
plaintiffs in the honest and concurrent user of the first
defendant. Against this judgment
Court also came to the conclusion that there was honest concurrent user covered by Section 12(3) of the Act. Another ground that persuaded ... case of a similar mark as opposed to the same mark, concurrent user coupled with delay could be a ground to refuse injunction. Here again
confusion. It was also submitted that the respondent was honest concurrent user of the trade mark in question and there were other special circumstances ... respondent and further that as the respondent was a bonafide concurrent user of trade mark in question for long years, it was entitled
under Section 123 of the Trade Marks Act,
pleading honest and concurrent user of the impugned Mark, as his
father OPK had been using ... mark,
from OPK or otherwise. He cannot, therefore, plead honest and
concurrent user, especially as the right to use the mark
bearing upon the question of the appellants honest concurrent user of the marks in question.
(13) The brief facts in regard to Application ... claim to registration on the basis of prior honest concurrent user within the meaning of S. 12(3) Before I proceed further it is necessary
event there has been on the part of the appellant honest concurrent user for a number of years entitling him to get his mark also ... purpose of the Section is concurrent user and not merely contemporaneous user. The concurrence of the user has to be examined from the point
tobacco.
(vi) That it is entitled to the benefit of honest concurrent user of mark "BANSAL KHAINI TOBACCO No.22 Label" in relation ... right to use the mark in case the plea of honest concurrent user is established.
(viii) Reliance has also been placed upon Johnson & Johnson
plaintiff denied that the
defendant is an honest and concurrent user and that the plaintiff
acquiesced in such use. By denying that the goodwill ... concurrent use
25. This leads to the question whether the defendant is entitled
to protection in an infringement action as an honest and concurrent
user
similar to “OFFICER’S
CHOICE”. JDL is neither an honest nor concurrent user. The non-exclusion of
the right over the word “CHOICE” does ... trademark, the
right of first user vis-a-vis honest and concurrent user, the effect of the
expression ‘special circumstances’ in Section
Trademarks Act, 1999 on the
basis of honest and concurrent user. The defendant claims that they have
been using the brand name 'KIMIXIDE ... taken by the defendant that the defendant is an honest and
concurrent user of the trademark “KIMIXIDE” is false and the same
