Section 29(1) in The Trade And Merchandise Marks Act, 1958
(1)A registered trade mark is infringed by a person who, not being the registered proprietor of the trademark or a registered a mark which is identical with, or deceptively similar to, the trade mark, in relation to any goods 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 use as a trade mark.