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Trade Name Similar Or Deceptively Similar To Registered Trade Mark Would Not Constitute Infringement Under Section 29(5) Of Trade Marks Act

In MANKIND PHARMA LTD. vs CHANDRA MANI TIWARI & ANR., the Delhi High Court drew a distinction between cases of infringement by use of ‘trade name’ under Section 29(5) of the Trade Marks Act, and the cases of infringement by use of ‘trademark’ under sub-sections (1) to (4) of Section 29. The Court held that to make out a case of infringement by use of ‘trade name’ under Section 29(5), mere similarity or deceptive similarity with the registered trademark was not sufficient, and that there has to be exact use of registered trademark or part of it as the trade name of the business. The Court further expounded that the test of “similarity or deceptive similarity” was applicable only for cases of infringement by use of ‘trade mark’ covered by sub-sections (1) to (4) of Section 29.

Article referred: http://www.livelaw.in/use-of-a-trade-name-similar-or-deceptively-similar-to-the-registered-trade-mark-would-not-constitute-infringement-under-section-295-of-trade-marks-act-delhi-hc-read-judgment/

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