rights for trademark registered owner

What Are the Rights Available for Trademark Registered Owners?

Online Legal India LogoBy Online Legal India Published On 16 Mar 2023 Category Trademark

Trademark registration is an expensive and time-consuming process. Nonetheless, once registered, the owner of a registered trademark is entitled to some significant rights. These    
rights for trademark registered owners are valid for ten years and can be renewed. On the other hand, a possessor of an unregistered trademark has common law rights as well. One such right granted to both registered and unregistered trademark owners is the right to prevent a third party from using an identification or deceptively similar trademark under specific conditions.      

It is important to note that an unregistered trademark can be protected under common law after substantial use, whereas registered trademarks can be protected only from the date of registration and before they are used. This highlights the fact that a registered trademark holder’s right to prevent unlawful use of his trademark is more convenient than an unregistered trademark holder’s.   

Rights of Unregistered Trademark Owners

The unregistered trademark owner has the right to prevent any third party from using a similar trademark. Unauthorised usage by competitors results in passing off. Common law Rights can be used to initiate proceedings for unregistered trademark infringement

To file an action against the pass-off, the proprietor must be able to prove the infringement by establishing the following crucial factors:  

The trademark owners gained market recognition 
Fraudulent representation of the defendant’s Act
The loss suffered or expected to be suffered by the owner. 

Rights for Trademark Registered Owners 

The registration of your trademark is optional. Yet, when compared to an unregistered trademark, registration grants more rights. Following are the rights for trademark registered owners or holders.  

1. Rights to Exclusive Use 

Under certain situations, the exclusive right to use the trademark in relation to the products and goods for which it was registered. If the trademark is registered in the names of multiple proprietors, each of them will have the same rights as other unregistered users.   

2. Right of Registered Trademark Owner of Similar Trademark

Section 28(3) states that where two or more persons are registered owners of trademarks that are identical with or nearly identical to each other, the exclusive rights to use any of those trademarks shall not be deemed to have been acquired by any of those persons merely by trademark registration (except where their respective rights are subject to conditions or limitations entered on the register). Yet, each of those individuals has the same rights as other individuals, excluding registered users using by way of approved usage, as if he were the sole registered proprietor.  

3. Right to Seek Statutory Remedy Against an Infringement

Section 28(1) additionally states that the registered proprietor of a trademark may seek legal redress in the manner prescribed by this Act in the event of trademark infringement. By filing a lawsuit against the alleged infringer, he can get an injunction and, at his discretion, either damages or an account of profits.   

4. Right to Assign

According to Section 37 of the Act, the registered trademark proprietor has the authority to assign the trademark and issue effective receipts for any price for such assignment. This, however, is subject to the requirements of the Act as well as any rights appearing in the register to be vested in any other person.  

5. Right to Change Registered Trademark 

Another right for trademark registered owners is that they may request that the register be corrected with reference to the registered proprietor's name, address, or description. He has the authority to cancel any trademark entry on the register or to remove any class of products and services from the register.

Conclusion 

In India, a trademark is registered under the Trademark Act of 2016. When trademark violations occur, the Act allows the trademark owner to sue for damages for trademark infringement. You may desire to register your trademark in order to get the aforementioned rights of a registered trademark owner. The legal professionals at Online Legal India can assist you in registering even a deceased trademark through a completely online approach. 


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