1. If the Owner of a Mark complies with the provisions of Chapter (11), it shall be entitled to the rights attached to a registered Mark provided in this Chapter during the term of registration.
2. (a) Subject to the provisions of Section 39 and 40, the Owner of a Mark (a) as exclusive right,
i. shall have, under this Law, the right to prevent any misleading act of any other person who uses, without the consent of the owner of the Mark, in the course of trade, a sign that is identical or similar to the Mark in relation to goods or services that are identical or similar to those for which such Mark is registered.
ii. shall have the right to file a civil suit or criminal case or both against a person that infringes upon the registered Mark.
iii. Shall have the right to prevent any use of a registered Well-Known Mark and any sign that is identical or similar to the Mark in relation to different goods or services in the course of trade without the consent of the owner of the Mark if
(aa) it appears to indicate a relation between the owner of the Well-Known Mark and goods or services for which the Mark is used;
(bb) it may damage the interest of the owner of such Mark rights;
(b) may transfer or license the rights attached to the Mark registered under the provisions of Chapter (13) and (14) to any other person.
3. The Owner of a Mark shall not have right to prohibit any use of the following information by any other person in good faith for industrial or trading business:
(a) The personal name and address of the owner;
(b) Descriptions of the type, related information, quality, quantity, intended purpose, value, geographical origin, the time of production, or other characteristics of the goods or services;
(c) Statements showing the intended purpose of the goods or services (in particular, statements showing the intended purpose for accessories or spare parts).
4. The Owner of a Mark shall not have the right to prohibit any use of such Mark on
goods distributed by itself or by any other person with its consent in the market.
5. Notwithstanding anything contained in Section 40, after distributing goods in the market, where there are any changes in the condition of such goods or such goods are not in good condition, the Owner of a Mark may prohibit the continued sale of such goods under the existing law.
