The Trade Marks Act, 1999 palpably holds under Section 34 the first user rule. Section provides that a proprietor of a trade mark does not have the right to prevent the use by another party of an identical or similar mark where that user commenced prior to the user or date of registration of the proprietor. This is commonly referred to as "First user" rule which is a seminal part of the Trade Marks Act.
Prior use of trademark under Section 34 of Trademarks Act by Nisha Sharma
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