Trademark Act, 1999
A trademark is a word, phrase, symbol, or design that helps distinguish the source of the goods of one party/organisation from that of others.
Trademark rights in India are statutorily protected by the Trademark Act, 1999and also under the common law remedy of passing off. The administration of such protection under the Act is done by the Controller General of Patents, Designs and Trademarks. The Trademark Act, 1999 deals with the protection, registration and prevention of fraudulent use of trademarks.
Infringement of Trademark:
- If the trademark is a copy of a registered trademark with a few additions or alterations.
- If the infringed mark is printed or used in advertisements.
- If the infringed mark is used in the course of trade
- If the mark used is so similar to a registered mark that it is likely to confuse or deceive a consumer when selecting a category of product.
- The person filing the suit (plaintiff) must be the registered owner of the trademark.
- The person who is infringing (defendant) must be using a mark that is similar to that of the plaintiff such that it can easily be confused as one another.
- Such use by the defendant is not accidental in nature.
- The use of the mark by the defendant must be in the course or similar goods or services to that which the trademark is registered to.