trademark

Under Section 2(1)(zb) of the Trade Marks Act, 1999 a trade mark is a mark capable of being represented graphically and of distinguishing the goods or services of one person from those of others; it includes the shape of goods, packaging and combinations of colours. Registration gives the proprietor the exclusive right to use the mark, and use of an identical or deceptively similar mark by another is infringement (s.29).

A registered mark lasts ten years and is renewable indefinitely. An unregistered mark is protected by the common law action for passing off, which Section 27(2) saves. Infringement protects the registered right; passing off protects goodwill against misrepresentation.

Example

Selling soap as “Lifeboy” infringes the registered trademark “Lifebuoy”, since the two marks are deceptively similar.

In Indian law

• Sections 2(1)(zb), 27 and 29, Trade Marks Act, 1999

See also

passing off · copyright · geographical indication · patent

Read more in the study notes

• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Forgery and property marks (Bharatiya Nyaya Sanhita)
• Technological environment and its impact on business decisions (Business Environment)
• Anti-competitive agreements: section 3, cartels and bid rigging (Competition Law)
• Writ petitions under Articles 32 and 226 (Drafting, Pleading and Conveyance)
• India and the WTO: objectives, functions, agreements and impact (Economic Development in India)