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Home > Business Law > The Trade Mark and Merchandise Marks Act, 1958
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Infringement
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Infringement of a trademark occurs if a person other than the registered proprietor in the course of trade, in relation to the same goods or services for which the mark is registered, uses the same mark or deceptively similar mark.
 
ESSENTIALS OF INFRINGEMENT
  1. The taking of any essential feature of the mark or taking the whole of the mark a few additions and alterations would constitute infringement.
  2. The infringing mark must be used in the course of trade, that is, in a regular trade wherein the proprietor of the mark is engaged.
  3. The use of the infringing mark must be printed or usual representation of the mark in advertisements, Invoices or bills. Any oral use of the trademark is not infringement.
  4. Any or all of the above acts would constitute infringement.
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Introduction
What is a Trademark
Mark not registerable
Registration
Infringement
Remedies
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