Trademark Exclusivity: An Analysis

A trademark can be defined as a mark, word, sign which is capable of being represented graphically and distinguishing the goods and services from one another. Once a mark is registered, a registered proprietor obtains an exclusive right of using their trademark and also the right to obtain a relief against the infringement of the registered mark over their goods and services. However, Section 17(2)(b) of the Trademarks Act, 1999 states that "when a trademark contains any matter which is common to the trade or is otherwise of a non-distinctive character, the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered". In instance where the proprietor wants to claim exclusive rights over any part or word of the mark, then separate registrations should be made over the parts of the marks in order to claim exclusivity. However, if a mark has acquired distinctiveness which replaces the primary