https://www.taxtmi.com/caselaws?id=302984 Registration of a trade mark gives the proprietor prima facie exclusivity, and a challenge to validity based on alleged generic or common use will not defeat interim protection unless supported by cogent material. The court found no prima facie invalidity of the registered word mark and no established defence of acquiescence, honest concurrent use, or decisive prior user. At the same time, delay by the proprietor justified a limited transitional arrangement. Interim restraint was therefore granted in favour of the registered owner, while allowing a short period to clear existing stock and directing the suit to proceed expeditiously pending rectification and trial. en-us Tue, 24 Dec 2019 00:00:00 +0530 Mon, 27 Jun 2022 19:23:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302984 Registration of a trade mark gives the proprietor prima facie exclusivity, and a challenge to validity based on alleged generic or common use will not defeat interim protection unless supported by cogent material. The court found no prima facie invalidity of the registered word mark and no established defence of acquiescence, honest concurrent use, or decisive prior user. At the same time, delay by the proprietor justified a limited transitional arrangement. Interim restraint was therefore granted in favour of the registered owner, while allowing a short period to clear existing stock and directing the suit to proceed expeditiously pending rectification and trial. Case-Laws Indian Laws Tue, 24 Dec 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302984