The Dichotomy OF Registered And Permitted Users Under The Trade Marks Act, 1999

Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

Introduction

The creation of a trademark results in the rise of certain proprietary rights, which can be exclusively exercised by the proprietor. These exclusive rights do not only provide them with the unequivocal authority to utilize and employ their mark, but also the exclusionary authority to control and regulate its use by any other entity. An effort to the effect of the latter is licensing of a trademark, which, from its positive aspect, allows proprietors to expand their brand in another territory, product base, target market, etc. and in its negative aspect, to limit and exclude its use in the market by competitors. This exploitation and commercialization of a mark is viewed as an indispensable method of harnessing intellectual property for strategic competitive advantage.¹ It allows