Skip to main content

Nupur Sharma explains how trade mark rights are vested in owners without any formalities, beginning instead with first use.

In the Intellectual Property field, Trade Marks rights are vested in the owners without any formalities. As soon as a Trade Mark is launched in the market or a proprietor has started using a mark, the rights vest in that Trade Mark and no registration is required to obtain these rights.

Hence, prior Trade Mark rights are very important and one should not adopt a similar or identical mark, which is already existing in the market. If a well-known mark already exists in the market, then the subsequent proprietor should avoid to adopt this mark as the prior mark whether a well-known, reputed or ordinary will definitely obstruct the passage of the later Trade Mark, though the later Trade Mark is used on different goods.

This article was published on Legal 500.

Most Recent

News & Insights

VIEW ALL
Thought Leadership
Dec 19, 2025

First published on Express Computer. Authored by Subroto Kumar Panda The notification of the Digital Personal Data Protection (DPDP) Rules, 2025, marks

The DPDP: An 18-month compliance imperative for the C-suite
News & Updates, Thought Leadership
Dec 16, 2025

‘First published on India Business Law Journal’ By: Pravin Anand and Dr. Ajai Garg Artificial Intelligence (AI) is fuelling one of the most significant

Law can keep us safe from superintelligence
News & Updates
Dec 05, 2025

The High Court of Delhi in a significant interim ruling, “AB SKF vs M/S PARAMOUNT BEARING CO. & ORS.”, CS(COMM) 963/2025, dated 19/11/2025 has clarified

Distinction Between Order 38, Rule 5 and Order 39, Rules 1-2 CPC in the Context of “Maintenance of Status Quo”
News & Updates
Nov 26, 2025

Authored by Pravin Anand There are areas of intellectual property law where one can sense, quite literally, the convergence of disciplines that do not

When Art Meets Science in Trademark Law: Reflections on India’s First Smell Mark