+91 (11) 4903 6141

Trade Mark Infringement Law India

TrustmanTrade Mark TrademarkTrade Mark Infringement Law India

Jun

11

Trade Mark Infringement Law India

Infringement of a trade mark occurs if a person other than the registered proprietor in the course of trade, in relation to the same good or services for which the mark is registered, uses the same mark or a deceptively similar mark.

The taking of any essential feature of the mark of taking the whole of the mark and then making a few additions and alteration would constitute infringement. The infringement mark must be used in the course of trade, i.e in a regular trade wherein the proprietor of the mark is engaged. The use of the infringement mark must be printed or usual any oral use of the trade mark is not infringement.  Any or all of the above act would constitute infringement if the same is done in such manner as to sender the used to the mark likely to be taken as being used as a trade mark.

A registered trade mark is infringed if used in the course of trade by the person other than the registered proprietor or permitted user of trade mark. The infringement occurs because such mark used by the one other the registered proprietor or permitted user is likely to cause confusion in the mind of public or is likely to cause impression of association with the registered trade mark and such confusion is caused because of the identity of such mark with the registered trade mark with the registered trade mark as also the similarity of goods of services covered by such registered trade mark. Such confusion can also occur because of the similarity of such mark to the registered trade mark and the identity or similarity of goods or services covered by such registered trade mark. the confusion would also be caused because a such marks identity with the registered trade mark as well the identity of goods or services covered by such registered trade marks.