Can a registered user restrain third party from using identical or similar mark if third party is continuous and prior user of the mark?
A registered user can’t restrain third party from using identical or similar mark if third party has been continuously using the mark in relation to the same goods or services for which mark of registered user is registered provided third party has been using the mark from a date prior to date of use of registered mark or date of registration, whichever is earlier.
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