Section 28 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 28 is the section that says what registration is worth. A valid registration gives the registered proprietor the exclusive right to use the mark for the registered goods or services, and the right to obtain relief for infringement. That right is subject to the conditions and limitations of the registration, and the section also says what happens when two registered proprietors hold marks that nearly resemble each other.
Subject to the other provisions of the Act, registration, if valid, gives the registered proprietor the exclusive right to use the mark in relation to the goods or services for which it is registered, and to obtain relief for infringement as the Act provides. The right is subject to the conditions and limitations of the registration. Where two registered proprietors hold identical or nearly resembling marks, registration alone does not give one exclusive rights against the other.
Sub-section (1): the exclusive right
"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."
| Phrase | Meaning |
|---|---|
| "Subject to the other provisions of this Act" | The right is not absolute; other sections such as 30, 34 and 35 limit it |
| "if valid" | The right depends on the registration being valid. A registration can be challenged, for example by rectification under section 57 |
| "registered proprietor" | The person entered on the register as proprietor |
| "exclusive right to the use" | The right to use, to the exclusion of others |
| "in relation to the goods or services in respect of which the trade mark is registered" | The right is tied to the registered goods and services, not to everything |
| "to obtain relief in respect of infringement ... in the manner provided by this Act" | The infringement remedy is the one the Act provides; see section 29 |
The link with section 27 is direct: that section bars infringement actions for unregistered marks; section 28 supplies the right that makes the infringement action possible. The practical value of that right is covered in benefits of trademark registration, and if you want registration to begin with, see trademark registration.
Sub-section (2): conditions and limitations travel with the right
"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."
If your registration was accepted or granted subject to conditions or limitations (see sections 18, 19 and 21(5)), the exclusive right is only as wide as those terms. The definition of "limitations" in section 2(1) includes limitations as to mode or area of use within India or outside India. Always read the entry on the register and the certificate, not just the mark. See section 6 on what the register records.
Sub-section (3): two registered proprietors of similar marks
"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."
Take it in parts:
- When it applies: two or more persons are registered proprietors of identical or nearly resembling marks. This can arise, for example, where the Registrar has permitted concurrent registration under section 12.
- Between them: neither is deemed to have acquired the exclusive right as against the other merely by registration. This is subject to any conditions or limitations entered on the register.
- Against everyone else: each has "the same rights ... as he would have if he were the sole registered proprietor". The exception is registered users using by way of permitted use, against whom the right is not asserted in this way.
| Relationship | Position under 28(3) |
|---|---|
| Proprietor A against proprietor B (both registered, similar marks) | Registration alone does not give A exclusive rights against B |
| Proprietor A against an outsider | A has the same rights as a sole registered proprietor |
| Proprietor A against a registered user of B using by way of permitted use | Not covered by the "same rights" statement |
| Any restrictions entered on the register | They still apply; the rule is subject to them |
Example. Two firms, Krishna Agro and Krishnam Agro, are both registered for similar marks for fertilisers, with entries showing different areas of use. Under 28(3), neither can say that its registration alone gives it exclusive rights against the other. Each has full rights against third parties. The entries on the register still apply.
What section 28 does not say
- It does not define infringement. See section 29.
- It does not list the limits on the right. Those are in sections 30, 34, 35 and 36, among others.
- It does not set out how validity is challenged; the rectification provisions do.
- It does not state fees or forms.
Practical points
- Registration is where the exclusive right starts. Without it, section 27(1) bars the infringement action.
- Read your own conditions and limitations. The right is as wide as the registration, and no wider.
- Register in the right classes. The right is tied to "the goods or services in respect of which the trade mark is registered".
- Check who else is on the register. Where another proprietor holds a nearly resembling mark, section 28(3) shapes what you can claim against them.
- Keep the registration valid. The words "if valid" mean renewal and compliance matter; see section 25.
Need help securing the exclusive right?
If you rely on your brand, the right to use it exclusively starts with a valid registration in the right classes. Our trademark registration team handles the search, filing, objections and follow-up through to the certificate.
Key takeaways
- Registration, if valid, gives the registered proprietor the exclusive right to use the mark for the registered goods or services.
- It also gives the right to obtain relief for infringement in the manner provided by the Act.
- The right is subject to the other provisions of the Act and to the conditions and limitations of the registration.
- Two registered proprietors of identical or nearly resembling marks do not acquire exclusive rights against each other merely by registration.
- Against third parties, each such proprietor has the rights of a sole registered proprietor.
Read next
- Section 27: unregistered trade marks and passing off
- Section 29: infringement of registered trade marks
- Section 12: honest concurrent use
- Trademark registration certificate: rights and duration
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.