Honest And Concurrent Use Under Section 12: Registration Ground Or Defence In Infringement?

I. Introduction

The Trade Marks Act, 1999, tries to strike a balance between the proprietary rights and ensuring fairness in this competitive world. The general rule is that a registered proprietor exclusively enjoys exclusive rights to their mark. But there are certain exceptions to this general rule, one of such is Section 12. Section 12 of the Trademarks Act, 1999 states that when more than one proprietor of a similar or identical trademark registers the trademark in an honest and concurrent manner, then the registrar may permit the registration. This provision ensures that the law does not function in a rigid manner but accommodates the real-world commercial problems. But the critical question arises whether the said section can be used as a defence in the case of infringement. To understand this question, it's important to first explore the scope of Section 12 and then examine whether it can be used as a defence in case of infringement proceedings.