It has been a frequently discussed question in India, whether the registration of a trademark gives an absolute right in regard of the trademark to a registered owner, and assuming this is the case, are there any dangers or legal hurdles that can compromise such a right.

At the start, the rights of a registered owner under the Trademark Act should be analysed. The Act gives that the registered owner has an exclusive right to the trademark in regard of the goods and services for which the mark has been registered and can get reliefs against the individuals who use a similar mark. Section 28(1) of the Trademark Act incorporates that an individual is entitled to institute proceedings to avert the infringement of a registered trademark and damages.