Section 33 in The Trade And Merchandise Marks Act, 1958
33. Savings for vested rights.
- Nothing in this Act shall entitled the proprietor or a registered user of a registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling in it relation to gods in relation to which that person or a predecessor in title of his has continuously used trade mark from a date prior-(a)to the use of the first-mentioned trade mark in relation to those goods by the proprietor or a predecessor in title of his; or(b)to the date of registration of the first-mentioned trade mark in respect of those goods in the name of the proprietor or a predecessor in title of his;whichever is the earlier, and the Registrar shall not refuse (on such use being proved) to register the second-mentioned trade mark by reason only of the registration of the first-mentioned trade mark.
