Chapter II - The Register and Conditions for Registration
Section 12
Section 12: Honest concurrent use and special circumstances
Honest concurrent use or other special circumstances can support registration of identical or similar marks by more than one proprietor.
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Need advice on Section 12?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
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.
Rule and business relevance
The Registrar has discretion where it is proper, for the same or similar goods or services, and may impose conditions and limitations. Existing registration of one mark does not by itself exclude the provision.
Limits and related provisions
This is not an automatic safe harbour for copying or a guarantee of registration after a period of use. Honesty, circumstances and the Registrar’s assessment require evidence.
Hypothetical business example
Hypothetical example: Two traders claim independently established use of similar marks. One applicant submits evidence for the Registrar to consider concurrent registration subject to appropriate limits.
Practical decision flow
Document adoption and use with dates and circumstances.
Assess honesty and any other special circumstances.
Prepare for possible conditions or limitations rather than assuming unrestricted rights.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Document adoption and use with dates and circumstances.
- Assess honesty and any other special circumstances.
- Prepare for possible conditions or limitations rather than assuming unrestricted rights.
Avoid
- This is not an automatic safe harbour for copying or a guarantee of registration after a period of use. Honesty, circumstances and the Registrar’s assessment require evidence.
Glossary
- Honest concurrent use
- Concurrent use assessed for honesty under the statutory discretion.
- Special circumstances
- Other circumstances the Registrar considers sufficient for the permitted registration.
Frequently asked questions
Is concurrent registration automatic?
No. The Registrar may permit it where proper.
Can conditions be imposed?
Yes. Conditions and limitations are expressly allowed.
Must the earlier mark be unregistered?
No. The provision applies whether such a mark is already registered or not.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026