https://www.taxtmi.com/caselaws?id=168842 Proprietorship of a trade mark in India depends on relevant use in the Indian market for the goods concerned; on the facts, limited prior use of "Caltex" on watches made the applicant the first user and proprietor in India for that class. However, identical use of the mark on watches was likely to deceive or confuse purchasers because the opponents' mark had extensive reputation, the goods were consumer articles, and the applicant gave no credible explanation for adopting the word. The Registrar's discretion was therefore required to be exercised against registration, as dishonest adoption and public deception were relevant factors. Registration was refused. en-us Fri, 20 Aug 1965 00:00:00 +0530 Fri, 05 Aug 2016 13:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168842 Proprietorship of a trade mark in India depends on relevant use in the Indian market for the goods concerned; on the facts, limited prior use of "Caltex" on watches made the applicant the first user and proprietor in India for that class. However, identical use of the mark on watches was likely to deceive or confuse purchasers because the opponents' mark had extensive reputation, the goods were consumer articles, and the applicant gave no credible explanation for adopting the word. The Registrar's discretion was therefore required to be exercised against registration, as dishonest adoption and public deception were relevant factors. Registration was refused. Case-Laws Indian Laws Fri, 20 Aug 1965 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168842