Prior User Favors Registration As Trademarks

The establishment of "prior user" of a mark is an important strategy in defending infringement actions where the mark and the goods covered are identical as well as in trademark prosecution stages. The instant case Nandhini Deluxe versus Nandhini 2007 (35) PTC 813 (Reg.) deals with a trademark opposition proceeding discussing "prior user" of the mark.

The Applicant trading as M/s Nandhini Deluxe filed an application for registration of trademark "NANDHINI DELUXE" with logo with respect to class 29 and after clearance of some preliminary objections the mark was advertised before acceptance for registration. The Opponent trading as M/s NANDHINI a/c (Andhra Style Multi-cuisine Family Restaurant) filed a notice of opposition objecting to the registration on the grounds summarized as follows –