Prior User v. Registered User under Trademark: An Analysis

  • Vartika Lall and Shiva Naman
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  • Vartika Lall

    LL.M. Student at Hidayatullah National Law University, India

  • Shiva Naman

    Student at Himachal Pradesh National Law University, India

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Patents, trademarks, designs, and copyrights are four basic types of intellectual property. Patents, registered design marks, and copyright offer temporary protection. A registered trademark, on the other hand, is normally protected forever as long as it is utilised, it is routinely renewed, and the registered owner takes prompt action against infringers. Section 34 of the Trademarks Act grants the prior user of a mark specific rights in relation to the "goods and services" sold or provided under the mark. The rights granted by Section 28 of the Act may also not be used by any subsequent registered user of a registered trademark in connection with the same or comparable goods or services, depending on how the prior user used the mark. Consequently, Section 34 of the Act is an exception to Section 28 of the Act. Section 34 of the Trademarks Act addresses the idea of "prior use". Foreigners or foreign corporations have joined the Indian market, and domestic companies may follow suit. National and artificial borders are collapsing, and the world is transforming into a common market. In such circumstances, it may not be acceptable to ignore ground realities in favour of mechanically accepting judicial norms; both domestic and international law should be important. The article explores the doctrine's application in Indian practise as well as the manner in which courts have implemented the law in instances where they were required to do so.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 249 - 258


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