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

(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark. (2) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of - (a) its identity with the registered trade mark and the similarity of the goods or services covered by such registered trade mark; or (b) its similarity to the registered trade mark and the identity or similarity of the goods or services covered by such registered trade mark; or (c) its identity with the registered trade mark and the identity of the goods or services covered by such registered trade mark, is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trade mark. (3) In any case falling under clause (c) of sub-section (2), the court shall presume that it is likely to cause confusion on the part of the public. (4) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which - (a) is identical with or similar to the registered trade mark; and (b) is used in relation to goods or services which are not similar to those for which the trade mark is registered; and (c) the registered trade mark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark. (5) A registered trade mark is infringed by a person if he uses such registered trade mark, as his trade name or part of his trade name, or name of his business concern or part of the name, of his business concern dealing in goods or services in respect of which the trade mark is registered. (6) For...

Simplified Explanation of Section 29 of The Trade Marks Act, 1999 1. Basic Infringement: If someone uses a mark that is the same or very similar to a registered trademark for selling goods or services that the trademark is registered for, and it's likely to confuse people into thinking it's the registered trademark, that's infringement. 2. Causing Confusion: Using a mark that's either identical or similar to a registered trademark can be infringement if it confuses people because: The goods or services are similar to those of the registered tra...

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, acco...