Opposition to a Trademark Usage - Similar or Identical Mark


In the matter of Neon Laboratories Ltd. vs. Medical Technologies Ltd. & Ors., 2015(64)PTC225(SC)1, the Supreme Court while interpreting Section 342 of the Trade Marks Act, 1999 (“Act”), has affirmed that the Proprietor of a trade mark does not have the right to prevent use by another party of an identical or similar mark where that use commenced prior to the use or trademark registration by proprietor.