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: \[\begin{array}{rl} \bullet & \text{(A) The classic form of infringement: using an identical or deceptively similar mark for similar goods or services without permission (S.29(1) & S.29(2)).} \\ \bullet & \text{**(B)** Using the mark in advertising that takes unfair advantage of, or is detrimental to, its distinctive character or repute (S.29(8)).} \\ \bullet & \text{**(C)** Using the registered trademark as part of a trade name or business name dealing in the goods or services for which the mark is registered (S.29(5)).} \\ \end{array}\] Since all these actions are specified as forms of infringement under the Act, the correct answer is "All of the above."