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Section 33 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 33. Saving for vested rights

Nothing in this Act shall entitle 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 relation to goods in relation to which that person or a predecessor-in-title of his has continuously used that 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 this; 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 tire 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.

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The Trade and Merchandise Marks Act,1958

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