Property in Trade Mark

Under common law a trader acquires a right of property in a distinctive trade mark merely by using it upon or in relation to some goods irrespective of the length of such user or the extent of his trade. As between two who are each desirous of adopting the same mark it is entirely a question of who gets there first.

Property in a trade mark which is only proposed to be used in relation to some goods can be obtained by registration of the mark under the Trade and Merchandise Marks Act, 1958.

There is no right to the exclusive ownership of a trade mark apart from its use or application of it in connection with some vendible commodity. In other words property in a trade mark does not exist in vacuo.

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