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Infringement of trade mark : meaning
 
 

In case a person takes a mark for his own use during his course of trade or business, which mark has already been registered by some other it is called infringement of trade mark.

It a mark is unregistered, no infringement action will lie against the user. Thus only a registered trade mark is protected from its infringement in the statute.

Section 27, Trade Mark and Merchandise Act,

To hold the case of infringement the act complained must consist of following:

- mark used by other person must be identical or deceptive similar with registered trade mark

- goods regarding which it is used must be specifically covered by registration

- Use must be in course of trade in areas covered by registration

- The use must be in such a manner as to render it likely to be taken as being used as a trade mark.

 

 

 

   

   
 
   

   
   
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