Trade mark exclusivity preserved; licensing allowed if it avoids public confusion, preserves distinctiveness, and maintains connection. The concept of a trade mark is to distinguish goods or services of one undertaking from others, with registration formalising an exclusive right of use by the proprietor; exclusivity is preserved while only limited user rights may be granted by licence. Licensing is permissible provided it does not cause public confusion, does not destroy the mark's distinctiveness, and maintains a continuing commercial connection between the goods and the proprietor.
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Provisions expressly mentioned in the judgment/order text.
Trade mark exclusivity preserved; licensing allowed if it avoids public confusion, preserves distinctiveness, and maintains connection.
The concept of a trade mark is to distinguish goods or services of one undertaking from others, with registration formalising an exclusive right of use by the proprietor; exclusivity is preserved while only limited user rights may be granted by licence. Licensing is permissible provided it does not cause public confusion, does not destroy the mark's distinctiveness, and maintains a continuing commercial connection between the goods and the proprietor.
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