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Limitation of the Scope of Trademark Protection


Limitation of the Scope of Trademark Protection
Limitation of the Scope of Trademark Protection

Content:-



Definition of Limitations 


Section 2(1)(l) defines 'limitations' within the context of trademark registration as any constraints on the exclusive right conferred by trademark registration, including restrictions on usage within specific areas or modes, both within and outside India. These limitations encompass territorial, colour, mode of use, and other specified restrictions.



Examples of Restrictions on Trademark Usage


Several examples of limitations on trademark usage are outlined, including:


  • Restriction on using the mark as a back stamp.


  • Prohibition on affixing the mark to goods via adhesive printed labels, instead mandating marking with a metal dye.


  • Requirement for the mark to be used solely as a selvedge stamp.


  • Mandate that blank spaces within the mark, when in use, must contain only descriptive and non-trademark content.

 
 

Entitlement to Institute Proceedings


Section 27 specifies that only a registered proprietor possesses the right to initiate legal proceedings against trademark infringement. Unregistered trademark holders lack this entitlement.



Defence of Acquiescence

In infringement actions, acquiescence serves as a defence. The level of acquiescence required must be sufficient to establish a new right in the defendant. Complete acquiescence tantamount to consent constitutes a robust defence.



Rights of Prior User


Section 34 recognizes the rights of a prior user of a trademark. Consequently, a registered trademark owner cannot prevent a prior user from continuing to use the mark. The rights of the prior user and the registered owner are equal.



Bona Fide Use of Personal Names


Under Section 35, the proprietor or a registered user of a trademark is barred from interfering with the bona fide use by an individual of their own name or the name of their place of business.



Similarly, use of the name or place of business of any predecessor in business, or descriptions of the character or quality of their goods or services, is protected from interference.

 
 



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