(4)A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which—(a)is identical with or similar to the registered trade mark; and(b)is used in relation to goods or services which are not similar to those for which the trade mark is registered; and(c)the registered trade mark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark.
