What are the Rights of the Trademark Holders?

Trademark registration gives the proprietor a bundle of statutory rights, but those rights are defined by the registration itself and by the limits and defences in the Trade Marks Act, 1999.

Exclusive right to use the registered mark

Under section 28, a valid registration gives the registered proprietor the exclusive right to use the trademark in relation to the goods or services for which it is registered, subject to the Act and any conditions or limitations on the registration.

Right to seek relief for infringement

Where the requirements of section 29 are met, the proprietor may seek civil relief. Section 135 allows courts, depending on the case, to grant injunctions and either damages or an account of profits, together with orders concerning infringing labels and marks.

Right to license and assign

Trademark rights can be commercially exploited through permitted-use and registered-user arrangements, licensing and assignment. Transactions should clearly identify the mark, registration details, goods or services, territory, quality control and ownership of goodwill.

Right to renew

Registration lasts for ten years and can be renewed for further ten-year periods. Maintaining docketing records and current service details is important so that renewal deadlines are not missed.

Rights are not unlimited

Registration does not create an unrestricted monopoly over every use of a word or device. Section 30 contains limits and defences, and the scope of protection is affected by the mark, the specification, conditions on registration, honest descriptive use, permitted use and competing rights.

A trademark portfolio should therefore be managed as a living asset rather than a certificate filed away after registration.