Section 2 of TMA : Section 2: Definitions And Interpretation

Explanation using Example

Let's consider a hypothetical scenario to illustrate the application of Section 2 of The Trade Marks Act, 1999. Suppose a company named "HealthFoods Inc." is known for its organic food products. Their logo, a green leaf with the company's name, is a registered trade mark under this Act, distinguishing their goods from others in the market.

One day, a new company named "NatureFoods Inc." enters the market with a logo that is very similar to that of HealthFoods Inc. The logo of NatureFoods Inc. also features a green leaf and the company's name. This could be considered deceptively similar as per the Act, as it might cause confusion among customers and deceive them into thinking that the products are from HealthFoods Inc.

Furthermore, suppose NatureFoods Inc. claims that their products are "100% organic" on their packaging, but in reality, they use some non-organic ingredients. This would be a false trade description under the Act, as it is misleading regarding the goods to which it is applied.

In this case, HealthFoods Inc. could take legal action against NatureFoods Inc. for infringing on their registered trade mark and for false trade description. The case would be presented before a legal authority, where the Registrar would be an officer discharging the functions in pursuance of the Act.