Interesting question, which has arisen incidentally, is how far the length of the concurrent, continuous and uninterrupted user would be sufficient to allow the Assistant Registrar to register the trade mark of the applicant. In this regard, following five points are required to be seen:
"(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 in fact been proved; and
(5)the relative inconvenience which would be caused if the mark were registered." (para 17)
Delhi High Court
S. Mehar Singh vs M.L. Gupta & Co. on 30 May, 1997
Equivalent citations: 1997 IVAD Delhi 542, AIR 1998 Delhi 64, 1997 (2) ARBLR 250 Delhi, 67 (1997) DLT 759, 1997 (42) DRJ 403
Bench: S Kapoor
