Section 76 of TMA : Section 76: Acts Not Constituting Infringement Of Certification Trade Marks
TMA
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Explanation using Example
Imagine that a company, "EcoPure," owns a certification trade mark that signifies products are made with environmentally sustainable practices. The mark is registered with the condition that it is to be used only for products sold within India.
- Example for (a): A US-based company, "GreenGoods," uses the EcoPure mark on products sold in the United States. Since the EcoPure mark is registered with a geographical limitation to India, GreenGoods' use of the mark in the US does not infringe on EcoPure's rights.
- Example for (b): "EcoPure" has certified a batch of organic cotton produced by "NaturalTextiles." Even after the certification, NaturalTextiles continues to use the EcoPure mark on their cotton products. Since t...
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