In India prior use of a trademark is favoured over prior registration of a trademark as the trademark law recognises first to use. Hence, a registered owner cannot restrain a third party from using a trademark identical/similar to the registered trademark, if the third party has been continuously using the mark in relation to the same goods or services for which trademark is registered, provided the third party is a prior user of the said trademark when compared to the date of use or date of application of the registered mark, whichever is earlier.