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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Kaveri Spices Ltd holds a registration for 'KAVERI GOLD' for spices, subject to an entered limitation that the mark is for use only on goods sold in Karnataka. It starts selling spices under the mark in Kerala and says its registration gives an unrestricted exclusive right. Under the Trade Marks Act, 1999, how is the exclusive right affected?

The exclusive right is subject to the conditions and limitations on the registration. Because the registration carries a Karnataka-only limitation, Kaveri cannot claim an unrestricted exclusive right across India. This follows section 28(2) of the Trade Marks Act, 1999.

  1. AThe exclusive right extends to all of India regardless of entered limitations
  2. BThe exclusive right is subject to the conditions and limitations to which the registration is subjectCorrect
  3. CThe limitation applies only to certification trade marks
  4. DThe limitation is void unless approved by the Registrar each year

Explanation

Section 28(2) provides that the exclusive right to use given by registration is subject to any conditions and limitations to which the registration is subject. The Karnataka limitation therefore constrains the right. The option calling it unrestricted is wrong because the limitation is on the register.

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