Tag: section 34 trade marks act

KENT can’t do it! Court proves it’s not a big FAN of Kent’s Brand Stretch, backs prior use

Dramatic illustration of a faceless judge in robes holding two swirling forces, used in the KENT trademark dispute blog to depict the court weighing Kent RO’s brand expansion against Kent Cables’ prior use claim over fans. Featured image for article: KENT can’t do it! Court proves it’s not a big FAN of Kent’s Brand Stretch, backs prior use

In the case of Kent Ro Systems Limited v. Kent Cables Private Limited, two businesses using the same mark KENT clashed over who could sell fans under that mark. One side relied on its strong reputation in water purifiers and home appliances. The other relied on earlier adoption of KENT for electrical goods and evidence of fan sales over several years. The Division Bench upheld the interim restraint against Kent RO and left the final rights to be decided at trial.

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SCRUM Alliance’s Rectification Petition  relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

The Madras High Court dismissed Scrum Alliance’s petition for rectification of the CSM trademark, citing insufficient proof of prior use and upholding honest and concurrent use by the respondent. The decision clarifies the application of Section 34 of the Trade Marks Act regarding concurrent rights.

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