"Registration vs. Prior Use: Comprehending Sections 12 And 34 Of The Trade Marks Act, 1999"

INTRODUCTION

In the present economy the utilization of trademarks has transcended from mere purposes of a symbol or name to representation of goodwill, reputation and a distinctive identity of a business or a firm. In today's world where markets are expanding and becoming more competitive day by day, trademarks have become an integral part of the prevailing commercial laws. In India, the Trade Mark Act 1999 governs and regulates the registration, protection and enforcement of trademarks. However, there exists a huge conundrum within this field of law that is the relationship between statutory rights derived from registration and common law rights derived from prior use of the impugned mark.