Trademark Act- Section 34 vs Section 35

Section 34- 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 be 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.

Interpretation – A proprietor/user of Registered trademark (Mark A) cannot interfere in use of a trademark (Mark B) by person which resembles/identical with for goods and/or services which the other person or his predecessor continuously use the mark prior to-

1. Use of Mark A in relation to goods/services by proprietor or his predecessor;

2. Date of Registration of Mark A in relation to goods/services by proprietor or his predecessor ; whichever is earlier

And the Registrar shall not refuse the registration of Mark B just because Mark A is registered.

This is a case where the other person has filed for Trademark Application  

Section 35- Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interface with any bonafied use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessores in business, or the use by any person of any bona fide description of the character or quality of his goods or services.

Interpretations- A proprietor/user of Registered trademark (Mark A) cannot interfere with a person or any of its predecessores with bonafied use of his name or place of business or both or use by any person of bonafied description of character or quality of goods.

This is a case where the other person has not filed for Trademark Application