Infringement action against trade name permissible only if it is used for goods/services covered by trademark registration

India

In Cipla Limited v M/s Cipla Industries Private Limited, the Full Bench of the Bombay High Court has held that an infringement action under the Trademarks Act 1999 against use of that mark as part of a trade name is permissible only if the trade name is used for goods/services for which the plaintiff’s trademark is registered.

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