Section 30 of TMA : Section 30: Limits On Effect Of Registered Trade Mark

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 30 of The Trade Marks Act, 1999:

Imagine a company named 'TechForge' that manufactures high-quality headphones and has a registered trademark for its brand. Now, another company, 'SoundWave', sells headphones and uses the 'TechForge' trademark in its advertising to indicate that the headphones they sell are manufactured by 'TechForge'. This is permissible under clause 1 of Section 30, as long as 'SoundWave' is using the 'TechForge' trademark in accordance with honest practices and not taking unfair advantage of or harming the distinctive character or reputation of the 'TechForge' trademark.

Furthermore, if 'SoundWave' acquired headphones bearing the 'TechForge' trademark legally and decides to sell them in the market, this will not be considered as an infringement of the trademark under sub-section 3. However, if 'TechForge' has legitimate reasons to oppose further dealings of its headphones by 'SoundWave', for instance, if 'SoundWave' has modified or impaired the condition of the headphones after they have been put on the market, then sub-section 3 will not apply, as per sub-section 4.