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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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