https://www.taxtmi.com/caselaws?id=288299 The statutory bar against deceptive or confusing trade marks does not exclude the Registrar's discretion to allow registration in cases of honest concurrent use or other special circumstances, and that discretion may extend even where the competing mark is identical and not already on the register. Genuine commercial use in India over a substantial period, together with long-standing use, the nature of the goods, and the absence of actual confusion, was treated as sufficient to establish honest concurrent use and relevant special circumstances. On that basis, registration of the respondent's mark was upheld. en-us Mon, 04 Mar 1963 00:00:00 +0530 Sat, 30 May 2020 12:24:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288299 The statutory bar against deceptive or confusing trade marks does not exclude the Registrar's discretion to allow registration in cases of honest concurrent use or other special circumstances, and that discretion may extend even where the competing mark is identical and not already on the register. Genuine commercial use in India over a substantial period, together with long-standing use, the nature of the goods, and the absence of actual confusion, was treated as sufficient to establish honest concurrent use and relevant special circumstances. On that basis, registration of the respondent's mark was upheld. Case-Laws Indian Laws Mon, 04 Mar 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288299