Can The Owner Of Trade Mark Enjoy The Monopoly Over Entire Class Of Goods

Trademark, as the word implies, is the mark that shows the trade of the maker. It is an exclusive identify of a product or service provided by a particular company. The Trade mark act 1999 was passed on with an objective to register all the Trade marks applied for, within the Indian territory, in order to ensure protection of Trade Mark for goods and services and also to prevent fraudulent use of it. But mere ownership of a Trade mark doesn’t give the absolute monopoly over the entire class of goods to it’s owner as trademarks are only to provide protection for specific goods and services that the owner offers to the public. For example, the use of word 'samsung' gives the right to prevent others from using the same word in connection with electronics but for other goods like clothing, footwear this word can be used and the owner of the electronics manufacturing company 'samsung’ cannot claim monopoly over these goods.

In August 2018 , the supreme court in the case of M/S. Nandhini Deluxe vs. Karnataka Co-Operative Milk Producers Federation Ltd, where there was conflict among the plaintiff and defendant with regard to the mark 'NANDHINI' under which the defendant was selling the milk and other milk products since 1985 and the same mark was used by the plaintiff for his business of running restaurants. When the plaintiff applied for the registration of the mark, his application was set aside by the intellectual property appellate board. But the apex court held that the monopoly under Trademark only extends to the goods which are falling in a particular class and not the entire class of goods.

Entrusting the monopoly to the entire class of goods and services to the registered proprietor as it would result in trafficking in the trade mark which is not the object and the purpose of the Trade Mark Act 1999. Trademarks give a stronger foothold to a business in comparison with other as it would provide the firm/company with better recognition and goodwill in the eyes of consumers.