Infringement of Trade Mark
What amounts to Infringement of Trade Marks?
Under the Act, Infringement if trade mark means a registered trademark used by any person, who not being the registered proprietor or also person so authorized by owner to use the Mark in course of trade. A mark which is identical with, or deceptively similar to the mark in relation to goods and services in respect of which the trademark is registered.
Infringement of Trade Mark
1. A registered trade mark infringed by a person who, not has no right to use the mark or even not permitted to use the by the registered owner, uses it in due course of trade mark. Its likely confuse on the part of public because of :
- its identity with the registered trade mark and the similarity of the goods or services covered by such registered trade mark; or
- its similarity to the registered trade mark and the identity or similarity of the goods or services or
- its identity with the registered trade mark and the identity of the goods or services.
2. A registered trade mark infringed by a person who, not has no right to use the mark or even not permitted to use the by the registered owner, uses it in due course of trade mark which—
- is identical with or similar to the registered trade mark; and
- is used in relation to goods or services which not similar to those for which the trade mark registered;
- the registered trade mark has a reputation in India and
- the use of the mark without permission takes unfair advantage of the registered trade mark.
3. A registered trade mark infringed by a person if he uses such registered trade mark, as his
- trade name or
- part of his trade name, or
- name of his business concern or
- part of the name, of his business concern dealing in goods or services for which trade mark registered.
4. A person uses a registered mark, if, in particular, he—
- affixes it to goods or the packaging thereof;
- offers or exposes goods for sale, puts them on the market, or stocks them under the registered trade mark;
- imports or exports goods under the mark; or
- uses the registered trade mark on business papers or in advertising.
5. Infringement of a registered trade mark by a person who applies such registered trade mark to a material used for labeling or packaging goods, or for advertising goods or services. Provided such person, when he applied the mark, knew or had reason to believe that the application of the mark not duly authorized by the proprietor or a licensee.
6. Infringement of a registered trade mark by any advertising of that trade mark if such advertising—
- takes unfair advantage of and is also contrary to honest practices in industrial or commercial
- is also detrimental to its distinctive character; or
- is against the reputation of the trade mark.
7. Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.