What is considered a trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What do you understand by the term infringement and passing off in terms of registered unregistered intellectual property rights?
When the trademark has been registered by the owner and infringement happens, then it becomes a suit for infringement, but if the trademark has not been registered by the owner and infringement happens then it becomes a case of passing off.
How do you identify a trademark infringement?
Breaking Down The Elements. To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff’s consent.
What is trademark infringement and passing off?
Trademark infringement/Passing off is the unauthorized use of a trademark or service mark on competing or related goods and services. The success of a lawsuit to stop the infringement depends on whether the defendant’s use causes a likelihood of confusion in the average consumer.
What is passing off under trademark Act?
Passing off is a common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from misrepresenting his goods or services as that of another. The concept of passing off has undergone changes in the course of time.
What is an example of infringement?
To infringe is defined as to violate a law or agreement, or to exceed limits. An example of to infringe is breaking a hospital’s rule of no smoking on hospital grounds. An example of to infringe is to build a fence that extends onto your neighbor’s property. Break or violate a treaty, a law, a right etc.
What is name infringement?
When another person or entity uses a name that is identical to yours in such a way that causes confusion or unfair competition and in doing so causes injury to your business, it is most likely a case of trade name infringement.
Is trademark infringement a crime?
Criminal trademark infringement is the unauthorized and illegal use of someone else’s trademark to create confusion between the original and another mark. These laws also help protect consumers from deliberate brand confusion created by illegal trademark use.
What is difference between passing off and infringement?
Difference between Passing Off and trademark infringement. Trademark provides protection to registered goods and services whereas Passing Off provides protection to unregistered goods and services. Passing off is a common law remedy whereas Trademark infringement is a statutory remedy.
What is meant by passing off?
Meaning of passing off in English the illegal act of selling a product that is similar to one that another company has legally protected by a trademark: The restaurant was found guilty of passing off, as its name and logo were too close to those of a major chain.
What is passing off and infringement?
What’s the difference between passing off and trademark infringement?
Trademark Infringement and Passing Off are both related to the infraction of rights of the trademark user/ owner, however, certain differences between the two are noted as below: 1. Trademark Infringement is a statutory remedy whereas Passing Off is a common law remedy. 2.
When does an unauthorized person infringe a trademark?
Section 29 of the Trademark Act, 1999, lists out the instances when a registered trademark may be considered to be infringed. In simple terms, when an unauthorized person uses a mark that is ‘identical’ or ‘deceptively similar’ to a registered trademark, it is known as infringement.
What does section 27 of the Trademark Act mean?
Section 27 of the Trademark Act, 1999, deals with passing off. Section 27 clearly states that no person is entitled to institute any proceedings in a court to prevent or to recover damages for the infringement of an unregistered trademark. This section, however, does not mean that the proprietor of an unregistered mark has no remedy.
What is the definition of a trade mark?
A Trade mark may be defined as a lawfully protected abstract, word, symbol, color, mark, slogan or a mixture of those related to an organization or a selected product that differentiates it from the others accessible within the market