Question

    Which of the following rights is granted to the

    registered proprietor of a trademark under the Trade Marks Act, 1999?
    A Right to prohibit use of similar marks only in foreign jurisdictions Correct Answer Incorrect Answer
    B Right to use the trademark for lifetime without renewal Correct Answer Incorrect Answer
    C Exclusive right to use the trademark in relation to the goods or services for which it is registered Correct Answer Incorrect Answer
    D Right to prevent use of the trademark even if not in commercial use Correct Answer Incorrect Answer
    E Automatic right to copyright protection of the logo Correct Answer Incorrect Answer

    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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