Rights Conferred by

Trademark
Section 28

1
•Following the registration of Trademark,
the registered proprietor becomes
legally entitled to certain rights which
he may exercise in relation to full
exploitation of his Trademark.
•Various rights are available to the
registered trademark proprietor.

2
Various Rights
•Exclusive right to use the
Trademark in relation to the
goods or services in respect of
which the trademark has been
registered.

3
The right to obtain relief in
respect of an infringement of
the Trademark

4
•The power to assign Trademark
and to give effectual receipts for
any consideration for such
assignment.

5
Limitations to the Rights
•Rights can be challenged on the
ground that the Registration is
not valid.

6
•Rights are subject to any
Conditions and limitations
entered into the Register.

7
Any use beyond the periphery
of such conditions and
Limitations is nor protected by
registration.
Action for infringement will
not be against such use.

8
•Registration will not operate
against persons who are
registered proprietors of
Identical or similar marks.

9
•Certain acts do not constitute
infringement by express
provisions of the Act – Section
30.

10
•The Registered proprietor
cannot interfere with the prior
users of the same or similar
marks.

11
•The Registered proprietor cannot
interfere with any bonafide use by a
person of his own name or that of
his place of business or the use of
any bonafide description of the
character or quality of the goods.

12
•In case of word mark, if in
course of time, it becomes the
name of an article or substance,
than the rights conferred by
registration ceases.

13
•Registration of a mark is not a
defence against an action for
passing off.

14