Effect of acquiescence
Section 33 of the Trade Marks Act, 1999 deals with effect of acquiescence. Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark-- (a) to apply for a declaration that the registration of the late The Act came into force on 15 Sep 2003.
(1) Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark--
(a) to apply for a declaration that the registration of the later trade mark is invalid, or
(b) to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used, unless the registration of the later trade mark was not applied in good faith.
(2) Where sub-section (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark, or as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark may no longer be invoked against his later trade mark.
Section 33, The Trade Marks Act, 1999 (Act 47 of 1999).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Emcure Pharmaceuticals Ltd. v. Corona Remedies Pvt. Ltd.
Court's Decision & Legal Precedent
Trade Marks Act s.33 effect of acquiescence: Bom HC (G.S. Patel J) held s.33’s five-year statutory bar operates in a circumscribed registered-proprietor setting and does not occupy the entire universe of acquiescence; an unregistered later user cannot claim s.33 immunity without proving continuous commercial use known to the prior registrant plus affirmative encouragement — mere delay/silence is not acquiescence. Interim injunction granted for OROFER/OROFER-XT against COROFER/COROFER-XT; Cadila pharma public-interest threshold applied.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 33
What have the courts held on Section 33 of the Trade Marks Act?
Emcure Pharmaceuticals Ltd. v. Corona Remedies Pvt. Ltd. (10 Sep 2014) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 33 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 33, section 33 Trade Marks Act, section 33 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Emcure Pharmaceuticals Ltd. v. Corona Remedies Pvt. Ltd. (10 Sep 2014).
When did Section 33 of the Trade Marks Act come into force?
Section 33 of the Trade Marks Act, cited as Trade Marks Act 33, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.