Infringement of registered trade marks
Section 29 of the Trade Marks Act, 1999 deals with infringement of registered trade marks. 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 mar The Act came into force on 15 Sep 2003.
(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 the purposes of this section, a person uses a registered mark, if, in particular, he--
(a) affixes it to goods or the packaging thereof;
(b) offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark;
(c) imports or exports goods under the mark; or
(d) uses the registered trade mark on business papers or in advertising.
(7) A registered trade mark is infringed by a person who applies such registered trade mark to a material intended to be used for labeling or packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee.
(8) A registered trade mark is infringed by any advertising of that trade mark if such advertising--
(a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or
(b) is detrimental to its distinctive character; or
(c) is against the reputation of the trade mark.
(9) Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.
Section 29, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd.
Court's Decision & Legal Precedent
Trans-border reputation of a foreign mark (PRIUS) is not presumed in India. To restrain Prius Auto under Trade Marks Act s.29 (and on passing-off / s.11 relative grounds), the claimant must prove territorial goodwill and reputation among the Indian public at the relevant date. Global fame plus internet spillover, without Indian market evidence, is insufficient.
On this section: Infringement of a registered mark still requires Indian territorial reputation/goodwill; PRIUS global fame was not enough.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The intent of the defendant, therefore, to pass off its ‗CASINOS PRIDE' whisky as that of the plaintiff appears, prima facie , to be apparent. 76. ―CASINOS PRIDE‖ may not, therefore, infringe ―BLENDERS PRIDE‖ within the meaning of Section 29 of the Trade Marks Act, inter alia because of the proscription contained in Section 17. The ―CASINOS PRIDE‖ label, even as affixed on the bottle, may not, similarly, infringe the ―IMPERIAL BLUE‖ marks of the plaintiff, again for want of imitation of a sufficient number of prominent essential features. The …
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… In the judgement of the Division Bench of this Court reported in 2011 (4) CTC 417 – Blue Hill Logistic and Anr Vs. Ashok Leyland Limited , the Hon'ble Division Bench after extracting and discussing the provisions of Section 29 of the Trade Marks Act observed as follows in para 10 therein:- Page 37 of 57 "On a careful reading of Section 29 of the Act, it is seen that sub-section (2) of Section 29 entitles an action being filed for infringement of a registered trade mark against an identical, …
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… What is not owned cannot be licensed. Sellers have no rights if owners have not given consent.‖ 51. The learned Single Judge further held that : " The platforms are also indulging in conduct falling under Section 29(6) of the Trade Marks Act as they are affixing the marks on the products, packaging the same and putting the same in the market for sale. Amazon is specifically using the Plaintiffs' mark Amway in advertising, without actual knowledge that the said products being sold on its platform are genuine or not and whether …
Questions about Section 29
What have the courts held on Section 29 of the Trade Marks Act?
Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. (14 Dec 2017) is the leading judgment on this section among those set out below: Infringement of a registered mark still requires Indian territorial reputation/goodwill; PRIUS global fame was not enough.
How do I find court cases under Section 29 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 29, section 29 Trade Marks Act, section 29 of the Trade Marks Act. People searching for it also type section 29 of trademark act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. (14 Dec 2017).
What should I read with Section 29 of the Trade Marks Act, and has it changed?
3 other provisions in this corpus refer back to it.
When did Section 29 of the Trade Marks Act come into force?
Section 29 of the Trade Marks Act, commonly called trademark infringement, and cited as Trade Marks Act 29, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 36E. International registrations where India has been designated532 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.