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Registered Trade Mark As Corporate Name In Respect Of Dissimilar Goods Not Infringement

Can the owner of a well-known trade mark like Mercedes Benz sustain an infringement claim against an ice cream manufacturer that uses it as its corporate or trading name? This doubt was expressed by a single bench of Bombay High Court, which has been answered by the full bench holding that there is no infringement in such a case.

The full bench of Bombay High Court in Cipla Limited vs, Cipla Industries Pvt. Ltd. has held that the use of a registered trade mark as corporate name or trading name or style is excluded from the purview of Sections 29(1), 29(2) and 29(4) of the Trade Marks Act, 1999, and these provisions are restricted to the use of a trade mark ‘as a trade mark’, i.e., in the ‘trade marky’ sense.

Article referred: http://www.livelaw.in/no-infringement-defendant-uses-registered-trade-mark-corporate-name-respect-dissimilar-goods-bombay-hc-fb/

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