What is infringement of Trademark?

A registered trademark is infringed when a person, other than a registered proprietor or a person using by way of permitted use, uses in course of trade.

Instances of Infringement of Trademark –  following are the instances of infringement of trademark:

  • Use of deceptively similar mark;
  • Use of mark likely to cause confusion because of identity/similarity;
  • Use of identical or similar registered trademark even on dissimilar goods, if the registered trademark has a reputation in India;
  • Unauthorized use of trademark on material intended to be used for labeling or packing of goods;
  • Use of registered trademark in an advertisement, taking unfair advantage in the advertisement or showing a registered trademark in an advertisement in bad light which is against the reputation of that product;
  • Where the distinctive elements of a registered trademark consists or includes words, spoken use of works as well as its visual representation may be infringement of trademark.