What constitutes infringement of trademark?

In simple words, trademark infringement is the unauthorised usage of a mark that is identical or deceptively similar to a registered trademark. The term deceptively similar here means that when an average consumer looks at the mark, it is likely to confuse him/her of the origin of the goods or services.

Which acts do not constitute infringement of trademark?

Section 30 of the Trade Marks Act, 1999 provides that there is no infringement of registered trademark; 1. Use of Mark to indicate the kind, quality, quantity etc. When the infringing mark is used in relation to goods or services covered by the registered trademark to indicate the kind, quality, quantity etc.

Can I use a registered trademark in another country?

However, you will only be able to use it in the market in which you were using the mark when the other company registered the name. The other company that has registered the trademark will have priority for its use in all other markets and can stop you from using it in new locations.

Is it possible to trademark a last name?

So yes, it’s entirely possible to trademark a last name, but if you cannot satisfactorily prove “acquired distinctiveness” to the United States Patent and Trademark Office (USPTO), you will be denied the full protection of federal law for your trademark.

How do I know if a domain name is trademarked?

Before registering your domain name, use the trademark tools on the USPTO website to find out if a domain name like the one you want is already trademarked. Most people, including domain name registrants, are unaware of: Federal trademark laws. The consequences of trademark infringement.

What happens if you register a symbol as a trademark?

Registering a symbol or brand name as a trademark allows the trademark holder to sue others who attempt to use the trademark. However, the trademark does not keep other companies from inadvertently or purposely confusing customers with a similar mark.