DISTINCTION BETWEEN INFRINGEMENT AND PASSING OFF under trade mark



Posted on 05-05-2016        By ADMIN



DISTINCTION BETWEEN INFRINGEMENT AND PASSING OFF under trade mark -

 Unauthorised use of registeredtrade mark is ‘infringement of trade mark’. Damages can be claimed under commonlaw also, even when trade mark is not registered. This is called ‘passing off’action. - - Thus, in India, trade mark protection is available both under thestatute law and the common law.



Comment :