Recently the High court of Tanzania developed a new principle to cure the gaps under section 31 and 32 of the Trade and Service Marks Act.  The decision aimed to extend the scope of the two sections of which should be interpreted to substantiate the justice between the parties and not to embark miscarriage of justice. A proprietor cannot claim exclusive right of the mark prior registered if the mark registered is confusing similar to the mark widely used and known trade mark while aware about the existence of the same.