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

Meera Textiles Pvt. Ltd. of Surat holds a registered trade mark 'MEERA SILK' for sarees. A Jaipur trader, who is neither a registered proprietor nor a permitted user, begins selling sarees under the identical mark 'MEERA SILK' and affixes it to the goods and packaging. Which statement correctly reflects the Trade Marks Act, 1999?

The Jaipur trader infringes. Under section 29(1), an unauthorised person who uses, in the course of trade, an identical mark for the registered goods in a trade mark manner commits infringement. Affixing the mark to goods or packaging counts as use, and actual deception need not be proved.

  1. AThe trader infringes, because using an identical mark in relation to the registered goods in the course of trade, in a trade mark manner, is infringement under section 29(1)Correct
  2. BThe trader does not infringe unless Meera Textiles proves actual deception of customers
  3. CThe trader infringes only if the mark is also used as a trade name
  4. DThe trader does not infringe because affixing a mark to packaging is not 'use' under the Act

Explanation

Section 29(1) makes it infringement when a non-proprietor, non-permitted user uses in the course of trade an identical or deceptively similar mark for the registered goods, in a manner likely to be taken as a trade mark. Section 29(6)(a) treats affixing the mark to goods or packaging as use. Proof of actual deception is not required under this provision.

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