In S. Syed Mohideen v P. Sulochana Bai (Supreme Court, 2015), concerning the mark 'Iruttukadai Halwa',…
The Court held that "the rights conferred by registration are subject to the rights of the prior user of the trademark" and that "A passing off action can even lie against a…
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In S. Syed Mohideen v P. Sulochana Bai (Supreme Court, 2015), concerning the mark 'Iruttukadai Halwa', the Court held that
Answer and explanation
Correct answer D
The Court held that "the rights conferred by registration are subject to the rights of the prior user of the trademark" and that "A passing off action can even lie against a registered proprietor of the mark sued upon". It described registration as "merely a recognition of the rights pre-existing in common law", not a source of new rights.
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