Question
Which of the following rights is granted to the
registered proprietor of a trademark under the Trade Marks Act, 1999?Solution
As per Section 28(1) of the Trade Marks Act, 1999, the registration of a trademark confers upon the registered proprietor the exclusive right to the use of the trademark in relation to the goods or services in respect of which it is registered. It also allows the proprietor to take legal action against infringement by others who use similar marks in a confusingly similar manner. • Option A is incorrect because Indian trademark rights are territorial. • Option B is wrong as trademarks need renewal every 10 years under Section 25. • Option D is incorrect because continuous non-use for 5 years can lead to removal from the register. • Option E is incorrect; trademark and copyright are separate forms of IP protection.
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