Posted on 05-05-2016        By ADMIN


 A registered trade mark is‘infringed’ when a person other than registered proprietor or a person using byway of permitted use, uses in course of trade, in following cases –

          Usedeceptively similar mark - Use of a mark which is identical with or deceptivelysimilar to trade mark in relation to goods or services in respect of which thetrade mark is registered and in such a manner as to render the use of the marklikely to be taken as being used as a trade mark. [Section 29(1)].

          Likely tocause confusion because of identity/similarity -  Use which, because ofidentity or similarity with registered trade mark and identity or similarity ofgoods or services covered by registered trade mark, is likely to causeconfusion  on the part of public. [Section 29(2)].

          Use even ondissimilar goods - Use of identical or similar registered trade mark on goodswhich are not similar, if the mark has reputation in India and use of the markwithout due cause is taking undue advantage or is detrimental to the distinctivecharacter or repute of the registered trade mark. [Section 29(4)].

          Use as tradename - Use of registered trade mark as a trade name or name of business concernor part of name of his business concern dealing in goods or services in respectof which the trade mark is registered. [Section 29(5)].

         Applyingtrade name on labels or packing goods - Unauthorised use the trade mark onmaterial intended to be used for labeling or packing of goods, as abusiness paper or for advertising goods or services. [Section 29(7)]

          Use inadvertising - Use in advertisement, taking unfair advantage or is detrimentalto its distinctive character or is against reputation of the trade mark.[Section 29(8)].

          MEANING OF‘DECEPTIVELY SIMILAR’ - A mark shall be deemed to be ‘deceptively similar’ toanother mark if it so nearly resembles that other mark as to be likely todeceive or cause confusion. [Section 2(1)(h)]. 

Comment :