Registering trademarks enables brand owners to stop others from using their trademarks and to prevent public confusion about the source of goods or services. However, certain exceptions permit the use of another’s trademark to describe the user’s products or services (as illustrated in Section 30 of the Trade Marks Act, 1999: Limits on the effect of a registered trade mark).
Many jurisdictions will not consider a purely descriptive use of another person’s trademark as infringement. Descriptive use allows a party to use a third-party’s trademark to describe its own goods or services, instead of using it to represent the source of those goods or services. However, what constitutes descriptive use, and what this defense’s limitations are, may vary across jurisdictions.
Conditions Permitting Use of a Third-Party’s Trademark in India
India provides qualified exclusive rights to trademark owners. Through provisions in the Trade Marks Act, 1999 and judicial precedents, the law limits the effect of registered trademarks and permits their usage without the proprietor’s consent under certain conditions. These conditions can be broadly categorized as follows: …
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Contributor(s)
Contributor to present post is Ankush and Abhilasha.
Note:
“This article was written by Ankush and Abhilasha for first publication in the INTA Bulletin. It has been reprinted with permission from the International Trademark Association (INTA).”
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