Section 12 of TMA : Section 12: Registration In The Case Of Honest Concurrent Use, Etc

Explanation using Example

Imagine two companies, "FreshBake Ltd." and "BakeFresh Inc.", both operating independently in different regions of a country for several years. They both use similar logos for their businesses, which involve selling bakery products. However, neither company was aware of the other's existence or their similar logos due to their distinct geographical operations. Now, both companies decide to expand nationwide and apply for trademark registration of their logos. The Registrar, upon noticing the similarity, could invoke Section 12 of The Trade Marks Act, 1999. Given the honest concurrent use of the similar logos by both companies, the Registrar may permit the registration of the similar trademarks for both companies. However, this may come with certain conditions or limitations, such as geographical restrictions, to prevent consumer confusion.