Rights conferred by registration
Section 28 of the Trade Marks Act, 1999 deals with rights conferred by registration. Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain reli The Act came into force on 15 Sep 2003.
(1) Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this Act.
(2) The exclusive right to the use of a trade mark given under sub-section (1) shall be subject to any conditions and limitations to which the registration is subject.
(3) Where two or more persons are registered proprietors of trade marks, which are identical with or nearly resemble each other, the exclusive right to the use of any of those trade marks shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks but each of those persons has otherwise the same rights as against other persons (not being registered users using by way of permitted use) as he would have if he were the sole registered proprietor.
Section 28, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Eatman Foods India Private Limited v. Savorit Ltd.
Court's Decision & Legal Precedent
Final Order order-1.pdf 2013-07-23 DATE VERIFIED. M. Jaichandren + M.M. Sundresh JJ. DB. OSA Nos. 419 & 420 of 2012. Isolate: Trade Marks Act s.28 exclusive right of a registered proprietor is “subject to the other provisions of the Act” and to validity; a label registration does not confer exclusive right to a generic/descriptive word (TASTEE/TASTII; Ashok Chandra Rakhit). Interlocutory injunction refused; products different. Leading HC DB. Distinctive (Eatman, Tastee/Tastii). Map 28 only — s.29 already filled. Skip Renaissance/Syed Mohideen.
On this section: Trade Marks Act s.28 exclusive right is subject to the other provisions of the Act and to validity; a label registration does not monopolise a generic/descriptive word on the label (Eatman Foods).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 28
What have the courts held on Section 28 of the Trade Marks Act?
Eatman Foods India Private Limited v. Savorit Ltd. (23 Jul 2013) is the leading judgment on this section among those set out below: Trade Marks Act s.28 exclusive right is subject to the other provisions of the Act and to validity; a label registration does not monopolise a generic/descriptive word on the label (Eatman Foods).
How do I find court cases under Section 28 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 28, section 28 Trade Marks Act, section 28 of the Trade Marks Act. People searching for it also type trademark act 1999 section 28. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Eatman Foods India Private Limited v. Savorit Ltd. (23 Jul 2013).
What should I read with Section 28 of the Trade Marks Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 28 of the Trade Marks Act come into force?
Section 28 of the Trade Marks Act, cited as Trade Marks Act 28, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.