LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Patent right

Arun (Student CA Final ) (142 Points)

19 April 2013

If any trademark have been taken by other company but later removed by itself..... can it be used by another company now. Lets say i want to get registered as "hurry" but it has been taken and removed by another company. And it was removed back in 1990s. So can i use hurry now??

Reply
Follow
Share

2 Replies

umaa's legal clinic (simple solutions for complex legal issues) (165 Points)
Replied 16 June 2013

Dear Arun,

Usage of an existing trademark by others must be subject to products or services, regions it is used now. If a registered trademark owner removes his registration does not extinquishes his ownership if he is using the same brand as he owns perpetual rights of his brand as long as he continues to trade with his mark. Registration is only a prima facie evidence.

Hence, you may use such trademark if his trademark is no more in usage, or if it is existing scope of your products and services and area (geographical) covered by your trade is different from that of the first person.

varsha seo (24 Points)
Replied 21 June 2022

A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem.