Section 101 of TMA : Section 101: Meaning Of Applying Trade Marks And Trade Descriptions

Explanation using Example

Let's consider a hypothetical scenario to understand Section 101 of The Trade Marks Act, 1999. Assume that John owns a shoe manufacturing company called "John's Shoes" and has a registered trade mark for the same. He uses this trade mark in the following ways:

1. He stamps the trade mark directly on the shoes (applies it to the goods themselves).
2. He attaches the trade mark to the shoe boxes in which the shoes are sold (applies it to any package in or with which the goods are sold).
3. He places shoes in a bag that has the trade mark on it (places, encloses or annexes any goods in or with any package to which a trade mark has been applied).
4. He uses the trade mark in advertising campaigns, creating a connection between the shoes and the trade mark (uses a trade mark in any manner reasonably likely to lead to the belief that the goods are designated by that trade mark).
5. He uses the trade mark in business letters, invoices, and price lists, and delivers shoes to customers who order them by referring to the trade mark (uses a trade mark in any commercial document and goods are delivered in pursuance of a request made by reference to the trade mark).

In all these cases, according to Section 101 of The Trade Marks Act, 1999, John is deemed to apply the trade mark to his goods.