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Trademark Infringement Law

 

As per the general rule the use of trademark other than the registered user or proprietor without the prior permission, authority and license of the registered user amounts to infringement. The main element to be considered in the matters of infringement is the probability of deception. In the cases of infringement the following factors have to be established by the plaintiff that 1) he ahs been using the trademark or style for a long period continuously,2) he has acquired goodwill in the market relating to the mark,3) his goods have acquired distinctiveness and are in the minds of the general public,4) his goods and goods of defendant are similart,5) the use of trademark by the defendant is likely to create confusion in the minds of the consumer, 6) the market targeted by the plaintiff and the defendant is one and the same.7)his consumers include illiterate or unwary customers who are likely to get deceived by the similar marks.



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