As per case facts, both the appellant and Respondent No.2 sought registration for the "20-20" trademark on a 'proposed to be used' basis. Respondent No.2 applied first, followed by the ... appellant, who then commenced using the mark and secured registration. Respondent No.2's application faced delays but was eventually published, leading to appellant's opposition which the Registrar dismissed. The appellant appealed, citing prior use, acquired goodwill, and Respondent No.2's non-use, relying on the 'first in the market' test. The question arose whether a senior applicant, diligently pursuing registration but not immediately using the mark, had priority over a junior applicant who used the mark earlier and secured interim registration, given both applied on a 'proposed to be used' basis. Finally, the Court ruled that under Section 18 of the Trade Marks Act, the application filing date dictates priority for 'proposed to be used' marks. It held that the appellant's interim use and registration did not override Respondent No.2's earlier application. *Neon Laboratories* was distinguished as a passing off case. Thus, the senior applicant's rights prevailed, and the appeal was dismissed.