Vibhav Verma, School of Law, Bennett University
ABSTRACT
This paper would be addressing to the remedies available in case of infringement of trade mark and also that where to file a suit. A trademark includes any word, name symbol, configuration, device, shape of goods, packaging, combination of colours or any combination thereof which one adopts and uses to identify and distinguish his goods from others. The definition of trade mark is stated under S. 2(1) (zb) of the Trade Marks Act, 1999 [hereinafter referred as the TMA].
A trademark must be graphical in nature. The term "graphic representation" refers to a trade mark for goods or services that is represented in paper form or is capable of being represented in paper form, and includes representation in digitised form.
The paper consists of three chapters which are:
Chapter I: Infringement of Trade Mark.
Chapter II: Institution of Suit.
Chapter III: Remedies for Infringement of Trade Mark.
