Chair India Limited is a leading and renowned manufacturer of chairs. The company has a registered trade-mark in Part A of the Register. The company has crossed the turnover of Rupees. 5.00 crores. However, during the last five years it has been observed that the sale has started declining sharply. Hence, the company recently initiated a market research to find the causes for the decline in the sales. It was found that two companies – one is at Pune itself and another at Hyderabad, are selling their products under the same trade mark. This type of sale of these two companies has directly affected sale in these two regions. The management is thinking to take a legal action.
Question: Advise the management of Chair India Limited as to their rights and remedies along with the provisions in respect on offences and penalties under the Trade Marks Act.
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