What right do registration of a mark confer?
Once a trade mark is registered in respect of goods or services, it is prima facie proof of the legal ownership of the mark. The production of title of the registered mark would enable the registered proprietor to seek injection from appropriate court against pirates. Registration confers the exclusive right to take legal action against others who may infringe the registered trade mark in relation to similar goods or services. In some circumstances, infringement action can be initiated in respect of unrelated goods provided the registered trade mark has reputation in India and the use of the infringing mark is without due cause and unfair advantage of or is detrimental to the distinctive character or repute of the registered trade mark and well known marks.
