6 July, 2019
In India, the Trade Marks Act, 1999 (“Act”) and the Rules there under guide the process of registration and enforcement of rights relating to trade marks. The Indian regime affords protection to registered as well as unregistered marks.
In case of misuse of a registered mark, the right holder can initiate an infringement action against the violating party. For misuse of unregistered marks, the right holder is entitled to claim protection under the law of passing off.
For succeeding in an action for passing off, the Plaintiff must meet these threefold criteria –
(1) established goodwill or reputation of the Plaintiff attached to the relevant goods or services under its mark,
(2) misrepresentation by the Defendant which is likely to deceive public in to believing that the Defendant’s goods/ services emanate from the Plaintiff and
(3) damage suffered or likely to be suffered by the Plaintiff.
For the full article, please click here (9 pages PDF).
For further information, please contact:
Manisha Singh, Partner, LexOrbis
manisha@lexorbis.com
