A registered trademark provides the exclusive rights to use a
trademark against others. The rights provided under the Act come
with a condition that it should be safeguarded in the form in which
it is applied and registered. In case of a composite trademark,
which has various distinctive and non-distinctive elements, the
right to take action against an infringer is limited to the extent
that the distinctive part of the trademark is misused by the
infringer. Therefore, the questions to be answered here are, what
happen when a part of trademark is misused? and how the proprietor
can take action against the infringer?
Parts of Trademarks
A trademark at various occasions is a composite trademark having
various elements in it, when the same is registered under the law,
then protection is provided to the mark as a whole but when it
comes to claiming the right over the part of trademark the same is
dealt as per the provisions of Sec.15 & Sec.17 of the
trademarks act.
