Infringement & Passing Off

Rights Of A Registered Proprietor

Registration of a trade mark confers the following rights on the registered proprietor:-

• The exclusive right to use the trade mark in relation to the goods or services in respect of which the mark is registered.
• The right to obtain relief in respect of infringement of the trade mark.

There are two types of remedies are available to the owner of a trademark for unauthorized use of its trade mark by a third party i.e. an action for passing off in the case of an unregistered trademark and an action for infringement in case of a registered trademark. An infringement action is a statutory remedy and an action for passing off is a common law remedy.