Section 29 of TMA : Section 29: Infringement Of Registered Trade Marks

Explanation using Example

Let's imagine a scenario where you own a popular shoe brand named "FootFiesta" which is registered under the Trade Marks Act, 1999. A new competitor enters the market and starts selling shoes under the brand name "FootFest", which is deceptively similar to your registered trade mark.

Here, according to subsection (1) and (2), your competitor is infringing your registered trade mark as they are not a registered proprietor or a person using by way of permitted use, and their brand name is likely to cause confusion among the public due to its similarity with your registered trade mark.

Further, if this competitor starts advertising their brand in a way that takes unfair advantage of the reputation of your brand "FootFiesta", or is detrimental to its distinctive character, they would be infringing your registered trade mark under subsection (8).

In case they also start using "FootFest" as part of their trade name or business concern name, they would be infringing your registered trade mark under subsection (5).

Therefore, based on the provisions of Section 29 of The Trade Marks Act, 1999, you can take legal action against this competitor for infringing your registered trade mark.