Section 33 of TMA : Section 33: Effect Of Acquiescence

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 33 of The Trade Marks Act, 1999. Assume that the company 'A' has a registered trademark for their popular product line. A few years later, company 'B' starts using a very similar trademark for their product. Company 'A' is aware of this but does not take any action against company 'B' for five continuous years.

According to Section 33, after this five-year period, company 'A' loses the right to challenge the registration of company 'B's trademark based on their earlier trademark. They cannot apply for a declaration that company 'B's trademark registration is invalid, nor can they oppose the use of company 'B's trademark for the goods or services for which it has been used, unless company 'A' can demonstrate that company 'B' did not register their trademark in good faith.

Moreover, company 'B' cannot oppose the use of company 'A's earlier trademark, even if company 'A' can no longer challenge company 'B's later trademark.