Sunday, October 29, 2017

Honest And Concurrent Use of Trademark

Honest And Concurrent Use of Trademark


In John Fitton & Co, following five factors were laid down in order to have success in honest and concurrent user defense:

1. The extent of use in time and quantity and the area of the trade

2. The degree of confusion likely to ensue from the resemblance of the marks which is to a large extent indicative of the measure of public inconvenience

3. The honesty of the concurrent use

4. Whether any instances of confusion have infact been proved, and

5. The relative inconvenience which would because if the mark were registered, subject if necessary to any conditions and limitations.
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