Section 29 of the trade marks act prescribes the infringement of a trademark. This article describes how and why the use of intent in trademark infringement cases has become unintelligible. Public interest and balancing of rights 22 chapter 3 infringement of registered trademarks 27 a. The trademark registration provides the exclusive rights to the brand name to the proprietor i. This paper discusses the principles of passing off and infringement action under the trademarks act, 1999. Cease and desist letter for trademark infringement, unfair. A casebook on the enforcement of intellectual property rights wipo.
Infringement of a trademark in india means a violation of the exclusive rights that are granted to the proprietor registered under the trade marks act, 1999. Infringement of trademarks as per section 29 of the trademarks act, 1999 is defined as a use of a mark, by an unauthorised or an authorised person or a person who is not the registered proprietor, which is identical or deceptively similar to the trademark in relation to the goods or services in respect of which the trademark is registered. Infringement of trademark rights and remedies involved in it. A casebook on the enforcement of intellectual property. This is a case study of trademark infringement disputes. Elements of infringement of registered trademarks 29 c.
It provides for what acts constitute passing off and infringement of trademarks, what are the remedies available, who can sue and be sued and the defenses available in case of trademark violation. Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods andor services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods andor services. By contrast, in an infringement case, the practical use of a trademark identical with a registered trademark is rarely the main focus of dispute. Trademark infringement and remedies available to owner. Passing off and infringement of trademarks india papers in the. Pdf this is a case study of trademark infringement disputes.
In simple words, when the exclusive rights of the owner of the registered trademark are violated, it is said to be an infringement of trademark. The company provides capital market publications to financial. Trademark infringement 400 bad request duke university. Trademark infringement is the unapproved utilization of a trademark or administration stamp on or regarding products and additionally benefits in a way that is probably going to cause disarray, trickiness, or oversight about the wellspring of the merchandise or potentially benefits. The rights that are violated are those which are granted in relation to goods and services.