Infringement of Registered Trade Mark
Sec 29 provides that if a person who is not registered proprietor of mark uses a mark which is identical or deceptively similar to registered trade mark, it is called infringement. Further, registered trade mark is infringed if:
a. Mark is identical and is used in respect of similar goods/services, or
b. Mark is similar and is used in identical or similar goods/services, or
c. Mark is identical and is used in respect of identical goods, and
It is likely to cause confusion on the part of public. Further, following action is also called infringement;
a. Mark is identical or similar to registered trade mark and used in respect of goods which are not similar,
b. Using someone else’s trade mark as his trade name as dealing with similar goods.
c. Affixing someone else’s trade mark to goods or packing or using such mark in business papers or advertisements.
cs executive economics and commercial laws notes