Introduction
Suppose you start a new company, say 'Xyz Pvt Ltd' with
"Xyz" being the brand identity for your business. The
company gains popularity and people start recognising your company
just by, say, a logo of 'Xyz' or the word itself
'Xyz', and accordingly, you get a trade mark registered in
your name for the specific goods that you are dealing with.
Thereafter, you find an infringer, dealing in similar or identical
goods using an identical mark 'Xyz' and decide to sue the
said infringer as per Section 29 read with Section 132 of the Trade
Marks Act, 1999. However, the Defendant comes up with a defence
that it also has a similar/identical registered trade mark for the
similar/identical goods. Now, before 2025, you could have said, so
what? that's okay, I am covered with Raj Kumar Prasad v Abbott
healthcare1/ Corza International2/ Clinique v
Gufic3 etc. and I have prior rights, which topple a
subsequent user as per Section 34 of the Trade Marks Act, 1999
