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Showing contexts for: transborder in Consim Info Pvt. Ltd vs Google India Pvt. Ltd on 30 September, 2010Matching Fragments
161. As seen from Section 29 (1), an infringement happens when a person uses in the course of trade an identical or a deceptively similar mark, in relation to the same goods or services and in such a manner as to render the use of the mark likely to be taken as being used as a trade mark. Under Sub.Section (2), an infringement happens when a person uses in the course of trade, a mark similar to or identical with a registered trade mark, on similar goods or services, which is likely to cause confusion on the part of the public. Sub.Section (3) raises a presumption in favour of likelihood of confusion, if the mark used by a person in the course of trade has identity with the registered trade mark and the goods or services, on which such mark is used, also have identity with the goods or services in respect of which, the mark is registered. Sub.Section (4) speaks of infringement in relation to trade marks which have acquired transborder reputation. Sub.Section (5) seeks to prevent a person from adopting someone else's trade mark as part of his trade name or business name.