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TRADEMARKS INFRINGEMENT IN INDIA : IPR

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In this article, we discuss the concepts of trademarks infringement and passing off as they exist. In our earlier articles, we have discussed topics varying from basics of trademarks, to its attributes, search before registration and its types and classes. A BRAND when registered as TRADEMARK is said to be infringed when a person, other than the registered owner/proprietor of that Brand, uses the brand name (either identical or similar to the registered Brand/Trademark) in relation to the same goods or services for which the Brand is so registered under the Trademarks Act. In other words, Trademark Infringement is the violation of the rights of a registration holder over his Brand (whether in form of words, name, logo, design, tag line etc.) by use of another without any authorization whatsoever. Read another post titled Assignment and Licensing of Trademark in India One can say that Trademark infringement cases have become a commonplace activity these days owing...