Rights Of Prior User Prevail Over Registered Trademark Holder, Interim Relief Granted To German Society's Institutes In India: Delhi High Court
The Delhi High Court has reaffirmed that under Section 34 of the Trade Marks Act, 1999, the rights of a prior user of a trademark are superior to those of a later registered proprietor. The judgment came in a case between Goethe-Institut E.V., which has been offering German language education in India under the name “Max Mueller Bhavan” since 1957, and Abhishek Yadav and Another, who began using the name…
