Write short notes on: (iii) Enforcement of Trade mark rights

Trademarks can be protected under the statutory laws, one is under the Trademarks Act and second one is under the common law, i.e., under the remedy of passing off. If a person is using a similar mark for similar or related goods or services or is using a well-known mark, the other person can file a suit against that person for violation of the Intellectual Protection (IP) rights irrespective of the fact whether the trademark is registered or not. The relief which a court may usually grant in a suit for infringement or passing off includes permanent and interim injunction, damages or account of profits, delivery of the infringing goods for destruction and cost of the legal proceedings.