https://www.taxtmi.com/caselaws?id=184014 Registration under the Trade Marks Act does not create an indefeasible right against a prior user. Where identical or nearly resembling marks are registered by different proprietors, section 28(3) prevents either from claiming exclusivity merely by registration, while section 34 preserves the superior rights of a prior user. The common law remedy of passing off also remains available to protect goodwill from misrepresentation and damage. On the stated facts, the respondent's long prior use and established goodwill prevailed over the appellant's later registration, so injunctive relief was justified. en-us Tue, 17 Mar 2015 00:00:00 +0530 Tue, 28 Jun 2016 10:36:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184014 Registration under the Trade Marks Act does not create an indefeasible right against a prior user. Where identical or nearly resembling marks are registered by different proprietors, section 28(3) prevents either from claiming exclusivity merely by registration, while section 34 preserves the superior rights of a prior user. The common law remedy of passing off also remains available to protect goodwill from misrepresentation and damage. On the stated facts, the respondent's long prior use and established goodwill prevailed over the appellant's later registration, so injunctive relief was justified. Case-Laws Indian Laws Tue, 17 Mar 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184014