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Trade Marks Act, 1999

Section - 29 - Infringement of registered trade marks

Infringement of registered trade marks.

29. (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-

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(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,