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

Sunrise Pharma Ltd registered the mark 'ZYNOVA' for medicines. Dinesh incorporates 'Zynova Chemists' as the name of his business dealing in medicines, without any authority, but does not put the mark on any product. Which is correct?

Dinesh infringes under section 29(5). Using a registered mark as part of the name of a business concern dealing in the goods for which it is registered is infringement, even without applying the mark to any product, import, or spoken advertising.

  1. ANo infringement, as the mark is not applied to goods
  2. BInfringement arises only if Dinesh also imports goods under the mark
  3. CInfringement under section 29(5), because using the registered mark as part of the name of a business concern dealing in goods in respect of which it is registered is infringementCorrect
  4. DInfringement arises only if Dinesh advertises the name in spoken form

Explanation

Section 29(5) states that a registered mark is infringed by a person who uses it as his trade name or part of it, or as the name of his business concern or part of that name, dealing in goods or services for which the mark is registered. Application to goods is not required. The other options add conditions not in the provision.

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