Passing off and Infringement of trademarks
INTRODUCTION: The trademark is an intangible asset for business. It represents the goodwill of business which is earned over a period of several years. Thus it becomes utmost important to protect the most vulnerable intangible asset of business. Now, the questions arises as to what are the legal ways through which we can stop others misusing our trademark or how we can stop others duplicating our goods or services. Here comes a role of trademark infringement or trademark passing off. Let us see in this article the basic difference between trademark infringement and trademark passing off. And what are the circumstances where we can take the help of above legal ways. What is trademark infringement? As per section 29(1) of the trademarks act “ A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to the trade mark in relati...