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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

In an infringement suit, the court finds that the defendant, Kiran Traders, began using a similar mark without knowing, or having reasonable ground to believe, that the plaintiff's mark was on the register, and ceased use forthwith on learning of the plaintiff's right. What is the effect on relief?

The court cannot grant damages other than nominal damages, nor an account of profits. The defendant was unaware the plaintiff's mark was on the register and stopped use immediately on learning of it, which the Act treats as a bar to monetary relief.

  1. AThe court cannot grant an injunction either
  2. BThe court cannot grant damages (other than nominal) or an account of profitsCorrect
  3. CThe court must award double damages for the period of use
  4. DThe court may grant only delivery-up and no other relief

Explanation

Section 135(3)(b) bars damages (other than nominal) and account of profits where the defendant was unaware of the registration and stopped forthwith on becoming aware. The provision limits monetary relief only; it does not remove the injunction power under section 135(1).

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