chewing tobacco.
(vi) That it is entitled to the benefit of honest concurrent user of mark "BANSAL KHAINI TOBACCO No.22 Label ... right to use the mark in case the plea of honest concurrent user is established.
(viii) Reliance has also been placed upon Johnson & Johnson
Mathur and S.P. Mathur. Therefore, he has been
an honest and concurrent user. In any event, the
plaintiffs' applications were not entitled ... granted in view of acquiescence by the
plaintiffs in the honest and concurrent user of the first
defendant. Against this judgment
ideas. The High Court further held there had been honest
concurrent user by the respondent.,, On the question of
acquiescence it held against the respondent ... respondent,
however, relied also on two other circumstances, viz. (a)
honest concurrent user of the name 'Lakshmandhara' since
1923, and (b) acquiescence
honest
concurrent use. The same reads as under :-
"12. Registration in the case of honest concurrent use, etc.--In
the case of honest concurrent ... doctrine of honest concurrent use. First part is
that the adoption must be honest and the second part is that there is concurrent
likely to deceive or cause confusion. He has also negatived any honest concurrent user of the trade mark by the appellants. As a result ... Judge has rightly held that this cannot be considered as an honest concurrent user. The appellants were aware
that there were other similar registered trade
party. The Court also came to the conclusion that there was honest concurrent user covered by Section 12(3) of the Act. Another ground that ... benefit of concurrent registration under Section 12(3) of the Act. If the user at the inception is dishonest, subsequent concurrent user will not purify
deception or confusion. It was also submitted that the respondent was honest concurrent user of the trade mark in question and there were other special ... entitled for the registration in Section 12(3) by claiming honest concurrent user and/or other special circumstances. Hence, the trade mark in question
protection 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
concurrent user must be clear cogent and specific. Affidavit containing vague statements without any particulars of the places period or the figures of concurrent user ... plea of concurrent user in this state of record.
(25) It is important to bear in mind that the concurrent user must
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 ... likely to deceive or cause confusion, the appellant has established honest concurrent user to entitle him to obtain registration under the provisions of sub-section
