Registration, protection and enforcement of trade marks, including well-known marks, infringement and passing off, with suits before District Courts (and Commercial Courts).
Marks devoid of distinctive character, descriptive marks, customary terms, and marks likely to deceive or hurt religious susceptibilities or that are scandalous — unless acquired distinctiveness is shown.
Likelihood of confusion with an earlier mark for identical or similar goods; protection of well-known marks across dissimilar goods; marks whose use is prevented by passing off or copyright.
The registered proprietor gets the exclusive right to use the mark for the goods or services registered and to obtain relief for infringement.
Use in the course of trade of an identical or deceptively similar mark for identical or similar goods so as to cause confusion; use of a well-known mark's reputation; use in advertising taking unfair advantage.
A suit for infringement or passing off shall be instituted in a District Court within whose jurisdiction the plaintiff resides or carries on business — a departure from s. 20 CPC.
Injunction, and at the plaintiff's option damages or an account of profits, with delivery-up of infringing labels and marks.
The text shown is a working summary used inside Nyaya for grounding and UI preview. For verbatim reproduction, refer to the bare Act published on indiacode.nic.in.