Demystifying the concepts of trademark exclusivity and validity

By C A Brijesh and Ritu Jain

Decisions in 2014 have contributed to the ongoing debate as to whether the exclusivity and validity conferred by a trademark registration is a myth or reality

The Trademarks Act 1999 grants exclusivity to the owner of a registered trademark, which leads to questions as to the extent of this exclusivity and the limits that can be imposed upon it. This article provides a brief overview of the principle of exclusivity with regard to:

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Issue 72