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Using other proprietor’s trade mark: An analysis of the principle of fair use in trade mark law in India

By: Mital, Raman.
Material type: materialTypeLabelBookPublisher: Journal of the Indian Law Institute Description: 64(3), Jul-Sep, 2023: p.261-280.Subject(s): Trade mark law In: Journal of the Indian Law InstituteSummary: Section 30 of the trade marks act, provide various exception in which a regained trade mark could be legitimate used by persons under than the proprietor of the trade mark without infringement of the right of the proprietor of the trade mark. This paper analysis all these ‘fare use’ situations and seeks to determine the exact scope of the exceptions which in turn help determine the ambit of the rights of the proprietor of trade mark. – Reproduced
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Articles Articles Indian Institute of Public Administration
64(3), Jul-Sep, 2023: p.261-280 Available AR130300

Section 30 of the trade marks act, provide various exception in which a regained trade mark could be legitimate used by persons under than the proprietor of the trade mark without infringement of the right of the proprietor of the trade mark. This paper analysis all these ‘fare use’ situations and seeks to determine the exact scope of the exceptions which in turn help determine the ambit of the rights of the proprietor of trade mark. – Reproduced

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