Two Marks, One Market: How Section 12 and 28(3) Let Trademarks Coexist

Thwalhath Abdurahman
Senior Associate, Legal

06-Dec-2025

When most people think of trademarks, they imagine one brand, one owner, and strict exclusivity. But the Trade Marks Act, 1999 has a clever exception. Section 12 allows more than one proprietor to register identical or nearly identical trademarks—if both have been using them honestly or special circumstances exist.

“Sometimes, the law says: two marks can live side by side.”

Think of it this way: two jewellers in different towns, both using the mark “ABCDE” for years, can get registered rights without stepping on each other’s toes. Honest concurrent use gives both a claim. The Registrar can say, “Yes, both of you can exist—but follow the rules.”

But the story doesn’t end there. Section 28(3) makes it clear: just because two marks are registered doesn’t mean the owners are completely off-limits to each other.

“Registration is a permission slip—but not a get-out-of-jail-free card.”

If one owner uses the mark in a way that confuses customers, misuses the goodwill, or exceeds the permitted scope, the other can still take legal action. Section 28(3) ensures each proprietor’s rights are protected against misuse—even by a fellow registered user.

Imagine this: both “ABCDE” jewellers are registered. If one suddenly opens online stores in a city where the other already has a strong customer base and starts misleading consumers, the law allows the first to step in. Registration under Section 12 doesn’t stop them.

“Coexistence is allowed—but overstepping the line can still cost you in court.”

Courts have recognised this balance. Registration enables peaceful coexistence, but Section 28(3) safeguards fair competition and protection of rights.

For brand owners, the message is clear:

• Honest concurrent use can secure registration of similar marks.

• But mutual respect is mandatory—any misuse can lead to a legal challenge.

In short, Sections 12 and 28(3) ensure that the law encourages coexistence without compromising fairness. Two businesses can share a mark, but neither gets a free pass to misuse it.

                                      “Coexistence is permitted—but respect is mandatory.”

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