Defence of prior use under Trade Marks Act cannot be accepted when the use is intermittent and not voluminous: Delhi HC

Delhi High Court
Delhi High Court

The Delhi High Court has held that defence of prior use cannot be accepted when the use of the mark is intermittent and not voluminous. (Pep Industries vs Kurlon)

It has also held that there could be no injunction in case when a registered trademark is merely a descriptive mark having no distinctiveness.

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