Century Traders v. Roshan Lal Duggar & Co. — Trademark Case Law

Citation & Court

Century Traders v. Roshan Lal Duggar & Co., Delhi High Court, decided 27 April 1977.

The Dispute

Century Traders sought a permanent injunction against Roshan Lal Duggar & Co. to prevent use of the "RAJARANI" mark on textile voiles, in a dispute where the relative significance of registration versus actual prior use of the mark was directly in issue.

What the Court Held

On appeal, the Delhi High Court reversed the lower court and granted an interim injunction in Century Traders' favour, laying down principles that remain a cornerstone citation: registration itself does not create a trademark — the mark exists independently through use, and registration merely affords additional statutory protection. Priority in adoption and actual use is superior to priority in registration; a single genuine use with intent to continue can confer trademark rights instantly. The Court also held that mere presence on the register is irrelevant in a passing-off action and does not itself prove use by the registered party.

How to Use This in Your Reply

Essential whenever the other side leans on "we registered it first" as if that settles the matter. Registration is evidence of a claim, not proof of actual use — and a party who can show earlier genuine trade use can still prevail over a later, or even earlier, registrant who cannot show real use.

Key takeaway: Actual, provable use — not the registration certificate alone — is what founds trademark rights.