Question

Which of the following is an infringement of a Registered Trade mark:

• A. Use of a mark identical to the Trade mark in relation to goods without authorisation.
• B. Advertising of that Trade mark such that the advertisement is against the reputation of the Trade Mark
• C. Use of that Trade mark as a business authorisation.
• D. All of the above.

Hint:

Trademark infringement isn't just about copying a logo on a fake product. It also covers unauthorized use in business names, domain names, and comparative advertising that damages the brand's reputation.

Answer 1

The Correct Option is D

Section 29 of the Trade Marks Act, 1999, defines infringement broadly to protect the rights of a registered trademark owner. Infringement includes:
(A) The classic form of infringement: using an identical or deceptively similar mark for similar goods or services without permission (S.29(1) & S.29(2)).
(B) Using the mark in advertising that takes unfair advantage of, or is detrimental to, its distinctive character or repute (S.29(8)).
(C) Using the registered trademark as part of a trade name or business name dealing in the goods or services for which the mark is registered (S.29(5)).
Since all these actions are specified as forms of infringement under the Act, the correct answer is "All of the above."