Saving for vested rights
Section 34 of the Trade Marks Act, 1999 deals with saving for vested rights. Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title of his The Act came into force on 15 Sep 2003.
Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services 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 or services 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 or services in the name of the proprietor of 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.
Section 34, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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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Valice Healthcare (P) Ltd. v. Valesco Health Care (P) Ltd.
Court's Decision & Legal Precedent
Final Order order-1.pdf 2018-08-08 DATE VERIFIED. A. Hariprasad J. FAO 130/2018. Isolate: Trade Marks Act s.34 saving for vested rights of a prior user — registration does not entitle the registered proprietor to interfere with continuous prior use; passing-off based on prior use survives registration (applying Syed Mohideen). Court expressly holds s.27 inapplicable because both marks were registered — do not pad 27 or 28 (recited as scheme) or 29 (already filled). Distinctive names. Leading HC.
On this section: Trade Marks Act s.34 saves vested rights of a prior user: registration does not entitle the registered proprietor to restrain continuous prior use, and passing-off based on prior use survives registration (Valice Healthcare, applying Syed Mohideen).
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 34
What have the courts held on Section 34 of the Trade Marks Act?
Valice Healthcare (P) Ltd. v. Valesco Health Care (P) Ltd. (08 Aug 2018) is the leading judgment on this section among those set out below: Trade Marks Act s.34 saves vested rights of a prior user: registration does not entitle the registered proprietor to restrain continuous prior use, and passing-off based on prior use survives registration (Valice Healthcare, applying Syed Mohideen).
How do I find court cases under Section 34 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 34, section 34 Trade Marks Act, section 34 of the Trade Marks Act. People searching for it also type 34 trademark 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 Valice Healthcare (P) Ltd. v. Valesco Health Care (P) Ltd. (08 Aug 2018).
What should I read with Section 34 of the Trade Marks Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 34 of the Trade Marks Act come into force?
Section 34 of the Trade Marks Act, cited as Trade Marks Act 34, 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 14 Oct 2026. This page is not a substitute for legal advice.