Registration in the case of honest concurrent use, etc
Section 12 of the Trade Marks Act, 1999 deals with registration in the case of honest concurrent use, etc. In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or no The Act came into force on 15 Sep 2003.
In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or not) in respect of the same or similar goods or services, subject to such conditions and limitations, if any, as the Registrar may think fit to impose.
Section 12, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Future Lifestyle Fashion Ltd. v. The Registrar of Trade Marks
Court's Decision & Legal Precedent
Where opposition evidence of long use, sales turnover and a family of 'CENTRAL' marks is brushed aside merely because third-party rectification applications are pending, and deceptive-similarity analysis of rival shopping-mall marks is incomplete, the Registrar's order allowing registration cannot stand — on remand the Registrar must also examine whether special circumstances justify registration under Trade Marks Act s.12 subject to conditions or limitations (especially where the opponent is under CIRP and post-filing market facts have changed) — Mad HC set aside rejection of opposition No.755028 to CMR CENTRAL and directed fresh consideration within four months.
On this section: True
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Idamakanti Madhusudhana Reddy v. The Registrar of Trade Marks
Court's Decision & Legal Precedent
Trade Marks Act s.11(1) relative-grounds refusal is expressly subject to s.12; where device marks are phonetically similar but visually dissimilar and seek registration in different classes (pathology labs class 44 vs pharmaceuticals class 5), the Registrar should not summarily refuse at the preliminary stage under s.11(2) without advertising and awaiting opposition under s.11(5), and must consider honest concurrent use / special circumstances and suitable conditions or disclaimers under s.12 before refusal — Mad HC set aside cryptic 'Doctor Reddys Path Labs' refusal and remanded for de novo consideration of user particulars with s.12 in mind within four months.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 12
What have the courts held on Section 12 of the Trade Marks Act?
Future Lifestyle Fashion Ltd. v. The Registrar of Trade Marks (22 Apr 2025) is the leading judgment on this section among those set out below: True. Another 1 judgment on this section is set out below. They run from 2024 to 2025.
How do I find court cases under Section 12 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 12, section 12 Trade Marks Act, section 12 of the Trade Marks Act. People searching for it also type trademarks act 12 1 )( b. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Future Lifestyle Fashion Ltd. v. The Registrar of Trade Marks (22 Apr 2025).
What should I read with Section 12 of the Trade Marks Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 12 of the Trade Marks Act come into force?
Section 12 of the Trade Marks Act, cited as Trade Marks Act 12, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.