When the acts may not be constituted as infringement of trademark, under the Trademarks Act, 1999?

CS Executive · Economic and Commercial Laws · PYQS · June 2019
When the acts may not be constituted as infringement of trademark, under the Trademarks Act, 1999?

Answer & Explanation:

Section 30 of the Trade Marks Act, 1999 enumerates certain acts which do not constitute infringement. This section explicitly states that there will be no infringement, if the use of a mark is in accordance with honest practices in industrial or commercial matters and is not such as to take unfair advantage of or be detrimental to the distinctive character or repute of a trade mark. It further enumerates following acts as not constituting an infringement of trade mark: where the use is in relation to goods or services to indicate the kind, quality, quantity, etc. of the goods or of rendering of services, or other characteristics of goods or services. where a trade mark is registered subject to conditions or limitations, the use of the trade mark in a manner outside the scope of registration. where a person uses the mark in relation to goods or services for which the registered owner had once applied the mark, and had not subsequently removed it or impliedly consented to its use. a trade mark registered for any goods may be used in relation to parts and accessories to other goods or services and such use is reasonably necessary and its effect is not likely to deceive as to the origin. the use of a registered trade mark being one of two or more registered trade marks which are identical or nearly resemble each other, in exercise of the right to the use of that registered trade mark.

Topics: Trademarks Act, 1999

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