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March 2, 2022

Legal Issues Seminar-General IP (LIS-GIP) On “Does The Test For Determining Infringement Of Corporate Name/ Trade Name Differ From That Of A Trade Mark?”

Featuring: Aishwarya Pande

A ‘Legal Issues Seminar-General IP’ (LIS-GIP) was conducted by Aishwarya Pande, Associate, on “Does the Test for Determining Infringement of Corporate Name/ Trade Name Differ from That of a Trade Mark?”. The seminar delved into the relevant statutory provisions on infringement of a trademark by virtue of its use as a trade name. The seminar specifically explored the tests for infringement applicable to trade marks and trade/corporate names, and whether these differ from each other. The seminar also saw a discussion on the conditions for infringement under Section 29(5), Trade Marks Act, 1999, and which if not satisfied would provide an alternative recourse under Section 29(4), Trade Marks Act, 1999. The session concluded with interesting questions from the team on the possible remedies available to a registered proprietor against an infringing corporate name and whether a passing off action can be claimed in such cases.

The presentation can be accessed here.

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