Regulation of Trademark Infringement in India
Section 29 of the Trade Marks Act, 1999 provides that a registered trademark is infringed when a person not being a registered proprietor or licensee, uses in course of trade;
1. Identity with Registered Mark and Similarity of Goods / Services
A Mark which is identical to the registered trademark and there is similarity of the goods or services covered by the trade mark in a manner causing confusion to the general public; or
2. Similarity with Registered Mark and Identity of Goods / Services
A Mark which is similar to the registered trade mark and there is an identity or similarity of the goods or services covered by the trade mark in a manner causing confusion to the general public; or
3. Identity with Registered Mark and Identity of Goods / Services -Presumption of Confusion
A Mark which is identical to the registered trademark and there is similarity of the goods or services covered by the trade mark. It is pertinent to note that in such cases the Courts will presume that such use will cause confusion on part of public; or
4. Identity with Registered Mark having Reputation
A Mark which is identical or similar to the registered trademark having reputation in India, even if such mark is used in relation to goods or services which are not similar to those for which the trademark is registered?
5. Similarity of Trade Name with Registered Trade Mark
A trade name or part of trade name and such concern is dealing in the goods or services in respect of which the trade mark is registered.
6. Application of Registered Mark on Labelling or Packaging etc. with knowledge that such application is without Authorisation
Applies registered trademark to material intended to be used for labeling, packaging, business paper or advertisement provided such person when he applied the mark knew or had reasons to believe that the application of the mark was not duly authorised by the Registered User or Licensee thereof.
7. Use of Registered Trademark in Advertising, when such use takes unfair advantage, is detrimental or against the reputation of registered Trademark
An advertising using a registered trademark and such advertising;
- takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or
- is detrimental to its distinctive character; or
- is against the reputation of the trade mark.