The owner of a trademark has the exclusive right to use that trademark, whether registered or not. Trademark infringement occurs when a party uses an identical or similar trademark for similar goods or services without authorization. An unregistered owner can claim "passing off" but not damages, while a registered owner can claim infringement. The infringing use must be for commercial purposes, and a suit can only be filed in district court with jurisdiction over the owner or business location.

1. Trademark Infringement
Shantanu
4th Yr.
NLU, Odisha

2. Exclusive Right
• The owner of the trademark has exclusive
right to use that trademark.
• Unlike patent, registration of trademark is not
necessary.

3. Owner of Trademark
• Two kinds of owner: registered owner and
unregistered owner.
• Registered owner can claim for infringement.
• Unregistered owner can claim for passing-off.
• Difference between infringement and passing-
off: in passing-off no damages can be claimed.

4. No Difference in Goods
• The defaulting party must have used the
trademark with respect to similar kind of
goods or services.
• Use of same trademark for different kinds of
goods or services is allowed.

5. Permitted User
• The owner cannot claim infringement against
someone has been authorized to use the
trademark.
• For ex: Licensee, Franchisee

6. Course of Trade
• The party at default must have used that
trademark for commercial purposes.
• If used for non-commercial purpose, then he
cannot be made liable.

7. Suit to be Filed in District Court
• Suit for the infringement of trademark can
only be filed in a District Court and not in any
other lower court.
• The district court which has jurisdiction over
the residence of owner or his place of
business, will have jurisdiction over such a
case.

8. Thank You