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.

Infringement

Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorization of the trademark owner or licensee. Infringement may occur when the infringer, uses a trademark which is identical or confusingly similar to a registered trademark owned by