Anybody looking for commercial
viability cannot ignore the facet of having a mark that speaks
for itself. Infringement suits take place day in and day out to
beat the vicious rival. Splits, buy-outs, mergers and
acquisitions are also often dwelling in the trademark ownership
conflict. The reputation, recognition and relation that a
trademark builds for a product is primarily what keeps products
staging.
The protection of trademarks in
India, vests in the principle of protection of goodwill and
repute. The Indian law very clearly states that the right to
use a mark vests with the owner. Ownership may be acquired
through a process of application, examination, publication,
opposition (if any) and registration. Section 28 of the
Trademarks Act, 1999 confers an exclusive right to use the mark
upon the trademark owner. The section also prescribes that the
exclusive right to use the mark subject to the
