The term infringement has not properly defined in the Indian Trademarks Act, 19999. However it lays down the circumstances and conditions under which a trademark is infringed. It prescribes that affixation of a registered trademark on goods or their packaging; offering or exposing goods for sale, putting them in the market or making their stock for any of the aforesaid purposes under registered trademark or offering or supplying services under the registered trademark; import or export of goods under the mark and use of registered mark on business papers or in advertising amounts to the sue of a registered trademark. It is to be noted that if a particular mark which is being used in the course of particular business is similar or identical with another mark it amounts to infringement. Trademark is mainly violated or infringed, if any person without license or authorization of the registered owner uses the mark for his own purpose or business.
Trademark Infringement Elements
The Indian Trademarks Act,1999 lays down that a registered trademark is infringed by a person , who is not a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical to registered trademark; is used in relation to goods or services which are not identical to those for which the trademark is registered and the registered trademark has reputation and the use of mark without due cause takes undue advantage of such registered mark. In a famous case the court have laid down the necessary ingredients for constituting an infringement that is, the mark must be applied properly by the plaintiff, the plaintiff must not have copied the mark of others, the mark should not involve false representation, the mark used by defendant must cause confusion, the defendant has used essential features of the trademark of the plaintiff and so on.
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