Chapter IV - Effect of Registration
Section 28
Section 28: rights conferred by registration
A valid registration gives the proprietor an exclusive statutory right to use the mark for the registered goods or services and seek infringement relief. The right remains subject to the Act and to conditions or limitations recorded with the registration.
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Need advice on Section 28?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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.
Introduction
The exclusivity in subsection (1) is not detached from the goods or services covered, the validity of the registration, or the rest of the Act. Subsection (3) addresses the special case of separately registered identical or near-identical marks; registration alone does not confer superiority between those registered proprietors.
Key takeaways
Valid registration creates a defined right
The proprietor's exclusive use is linked to the registered goods or services and the Act's infringement remedy.
Conditions and limitations count
Check the register entry: its conditions can narrow the exclusive right.
Coexisting registrations need care
Where separate proprietors hold identical or nearly resembling registrations, one cannot rely on registration alone for exclusive use against the other.
Read the actual register entry
Confirm proprietor, representation of the mark, goods or services, class, status and recorded conditions. The right is not a free-standing monopoly over all uses of a word or logo.
Test the claimed use
Compare the other person's sign, the covered goods or services and the manner of use. Section 29 defines infringement; Section 30 and other Act provisions set limits.
Check similar registered marks
When another person holds an identical or near-identical registration, subsection (3) changes how exclusivity operates between those registered owners. Obtain both records before asserting priority.
Official sources
Practical checklist
Do
- Download and inspect the live registration entry and conditions.
- Match the asserted use to the registered goods or services.
- Search for coexisting registrations before claiming exclusivity against another registrant.
Avoid
- Do not assume registration is valid or unlimited without checking the record.
- Do not treat Section 28 alone as the complete infringement test.
Glossary
- Registered proprietor
- The person entered on the register as owner of the registered trade mark.
- Condition or limitation
- A restriction attached to the registration that qualifies its scope.
Frequently asked questions
Does registration protect every product category?
No. Section 28(1) links the exclusive right to the goods or services for which the mark is registered, subject to other Act provisions.
What if someone else has a similar registration?
Section 28(3) says registration alone does not confer exclusive use against another proprietor of an identical or near-identical registered mark, subject to recorded conditions and limitations.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026