Trademark battle for “KSRTC”; How the “Doctrine of Honest and Concurrent Use” saved the Karnataka State Road Transport Corp (KSRTC).

18-Dec-2023

On December 12, 2023, the Madras High Court ruled in favour of the Karnataka State Road Transport Corp (KSRTC)  in a trademark dispute with the KSRTC | Kerala State Road Transport Corporation (KSRTC)

Justice Senthilkumar Ramamoorthy dismissed the Kerala RTC's petition, citing Section 12 of the Trade Marks Act. This section allows the Registrar to permit the registration of similar or identical trademarks by more than one entity.

The judge observed that both the Kerala and Karnataka entities had been using the trademark “KSRTC” and carrying out identical transportation services. The documents on record disclosed that the Karnataka body had been using the trademark since 1974. Section 12 of the Act does not require neck-to-neck concurrency, and it is sufficient if the relevant trademarks have been used concurrently over a material length of time. Even otherwise, the case would fall within the scope of ‘other special circumstances’ in Section 12.

Section 12 states that “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 trademarks 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.”