Smita_L01042008 (student) 13 October 2011

What is infringement of tm

Dear Members, Please guide what can be termed as "Infringement of Trademark". Please consider following situation.... If X company publishes a Article/Graph having trademark and name of Y company, developed by Y company. Will it amount to infringement of TM? please consider both the situations wherein the referred artical (having trademark and name of Y company) is 1. originally published on website of Y company for public 2. or in case published on website of Y company for private use. Regards to all

Reply Follow

2 Replies

Rajesh Hazra (Mediator and Legal Counsel ) 17 October 2011

Dear Friend,

As my understanding goes to the fact you have narrrated above this amounts to infringement as the same is made public through the website.

(Guest)

Dear Sam,

You appear to be a student. I am assuming a law student. I suggest you read up the Trade Marks Act. You will understand that publication of a trade mark does not amount to infringement. It is only when you manufacture or market product or services under the same or similar mark that may amount to infringement. You will also get to know that trade marks are class specific.

Good luck!

Abhinav Bhalla

abhinav@brbhallaassociates.com