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Rights Of Prior User of Trademark Over Prior Registration Of TM

Prior user’s rights will override those of a subsequent user even though subsequent user had been accorded registration of its trade mark.

Proprietor of a trade mark (TM) does not have the right to prevent use by another party of an identical or similar mark where that user commenced prior to the user or prior to date of registration of proprietor.

Such user gets rights when its user is prior to the user of registered proprietor or prior to the date of registration of the proprietor, whichever is earlier.

[Neon Laboratories Ltd. v. Medical Technologies Ltd., (2016) 2 SCC 672]

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