https://www.taxtmi.com/caselaws?id=300317 A civil court should not declare a registered trade mark invalid on allegations of fraud where rectification lies before the statutory forum; the infringement suit proceeds on the footing that the registration remains operative. Prior use in India prevails over later registration, and the plaintiff was treated as the prior user and owner because its Indian use from around 1960 was independent and proprietary. The defendant could not preserve prior rights through prolonged non-use because it failed to plead and prove special circumstances justifying that non-use. Suppression, acquiescence, Section 34, and concurrent-use arguments did not defeat the plaintiff's established ownership and prior use, so injunctive relief followed. en-us Wed, 05 Sep 2012 00:00:00 +0530 Mon, 24 Jan 2022 18:33:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300317 A civil court should not declare a registered trade mark invalid on allegations of fraud where rectification lies before the statutory forum; the infringement suit proceeds on the footing that the registration remains operative. Prior use in India prevails over later registration, and the plaintiff was treated as the prior user and owner because its Indian use from around 1960 was independent and proprietary. The defendant could not preserve prior rights through prolonged non-use because it failed to plead and prove special circumstances justifying that non-use. Suppression, acquiescence, Section 34, and concurrent-use arguments did not defeat the plaintiff's established ownership and prior use, so injunctive relief followed. Case-Laws Income Tax Wed, 05 Sep 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300317