What is Not Infringement of Trade Mark: cs executive economics and commercial law notes
Where mark is used with honest business practice without taking unfair advantage, it is not deemed to be infringement. Following acts are not infringement:
a. If trade mark is used to indicate kind, quality or quantity etc of any goods/service. b. If trade mark was registered subject to certain conditions. c. Where mark is used in such types of goods/services for which owner of that mark had impliedly consented to its use. d. Registered trade mark can be used in relation to parts and accessories to other goods/services.
The Supreme Court in Mahindra & Mahindra Paper Mill V Mahindra & Mahindra Ltd said that to determine similarity of two trade marks, nature of mark, nature of goods, extent of resemblance etc must be taken into account.