Chapter IV - Effect of Registration
Section 29
Section 29: infringement of registered trade marks
Infringement depends on the specific kind of unauthorised commercial use, the registered mark, the relevant goods or services, and sometimes confusion or reputation. Section 29 sets several distinct tests; Section 30 and other provisions limit their effect.
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Need advice on Section 29?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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.
Introduction
Section 29 protects registered marks through several routes. Subsections (1)–(3) address mark and market similarity through their respective statutory conditions; subsection (4) adds a reputation-based route for dissimilar goods or services with its own cumulative conditions. The Act also addresses trade names, listed modes of use, preparatory materials, advertising and spoken words. The assessment must be read with Section 28's scope and Section 30's limits, rather than treating every mention of a brand as infringement.
Key takeaways
Classify the alleged use
Compare the mark, goods or services and manner of commercial use against the correct subsection instead of applying one general similarity rule.
Confusion has distinct tests
Subsection (2) addresses likely confusion or association; subsection (3) presumes confusion when both mark and goods or services are identical under subsection (2)(c).
Dissimilar goods need more
Subsection (4) requires reputation in India, use without due cause and unfair advantage or detriment in addition to mark similarity and dissimilar goods or services.
Business names and advertising matter
Subsections (5)–(9) cover specified trade-name, packaging, advertising and spoken uses, each with its own conditions.
Start with the register and permission
Confirm the claimant's valid registration, its exact mark, goods or services and limitations. Check whether the alleged user is the proprietor or has permitted use before applying the infringement tests.
Compare marks and markets
Subsection (1) concerns an identical or deceptively similar mark used for the registered goods or services in a manner likely to be taken as trademark use. Subsection (2) separately applies its specified combinations of mark and market similarity with a likelihood of confusion or association. The subsection (3) presumption is confined to the identical-mark and identical-goods-or-services case in subsection (2)(c).
Apply the reputation route carefully
For dissimilar goods or services, subsection (4) needs an Indian reputation and proof that use without due cause takes unfair advantage of or harms distinctive character or repute. Similarity alone does not meet it.
Inspect the form of commercial use
Business names, packaging, stock, imports, exports, papers, ads and even spoken words can matter under subsections (5)–(9). Preserve the actual material and its context; then check Section 30's limitations and other available defences.
Official sources
Practical checklist
Do
- Collect the current registration entry and any licence or permitted-use record.
- Preserve dated examples of the alleged use and identify its goods or services.
- Map each alleged fact to the particular Section 29 subsection and then test Section 30 limitations.
Avoid
- Do not say every similar word or every brand reference infringes.
- Do not apply the subsection (3) confusion presumption outside its identity-and-identity situation.
- Do not omit the additional reputation, due-cause and harm tests for dissimilar goods or services.
Glossary
- Deceptively similar
- Similarity likely to deceive or cause confusion under the Act's definition and the facts of use.
- Permitted use
- Use authorised under the Act's registered-user or consent framework.
- Reputation in India
- The reputation requirement expressly stated for Section 29(4)'s dissimilar-goods route.
Frequently asked questions
Is every similar mark an infringement?
No. The applicable subsection requires the specified use, relation to goods or services and, in several cases, confusion or additional reputation-based conditions. Section 30 may limit the effect of registration.
Can use as a company or business name infringe?
Section 29(5) addresses use of the registered mark as a trade name or business name for goods or services for which the mark is registered.
Can spoken use of a registered word mark matter?
Yes. Section 29(9) expressly covers spoken use of distinctive word elements as well as visual representation.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026