Section 34 Trade Marks Act 1999 PROTECTS PRIOR USE — a person whose mark has been continuously used in trade prior to a later-registered mark:

1. Section 34 Trade Marks Act 1999: 'Nothing in this Act shall entitle the proprietor or a registered user of a 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 by 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 or a predecessor in title of his, whichever is the earlier.' 2. This codifies the principle that PRIOR USE prevails over later REGISTRATION — registration is not a bar to a genuine prior user. 3. The Supreme Court in Neon Laboratories v. Medical Technologies, (2016) 2 SCC 672 emphasised the priority of use. 4. Hence option B is correct. _Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 34_