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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Kaveri Motors holds a registered mark 'KAVERI' with a strong reputation in India for two-wheelers. Ramesh starts a chain of bakeries selling bread under 'KAVERI', without due cause, benefiting from its repute. Which provision best supports a claim of infringement?

Section 29(4) supports the claim. It covers use of an identical or similar mark for non-similar goods where the registered mark has a reputation in India and the use, without due cause, takes unfair advantage of or harms its distinctive character or repute.

  1. ASection 29(1), because the goods are identical
  2. BSection 29(4), because the mark is similar or identical, used for non-similar goods, and the registered mark has a reputation in India with unfair advantage takenCorrect
  3. CSection 29(5), because bakeries cannot use any name
  4. DSection 29(9), because the mark is spoken

Explanation

Section 29(4) applies where the mark is identical or similar, the goods or services are not similar, and the registered mark has a reputation in India and its use without due cause takes unfair advantage of or harms its distinctive character or repute. Two-wheelers and bread are not similar goods, so section 29(1) does not fit.

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