Renaissance: Decision of the Supreme Court of India 19 January 2022 – Case No. 404 of 2022

Insofar as Sec. 29(2) of the Trade Mark Act (TMA) is concerned, it is sufficient that any of the conditions as provided in clauses (a), (b) or (c) is satisfied. In case of an eventuality covered under Sec. 29(2)(c) of the TMA, and in view of the provisions of Sec. 29(3) of the same act, it is to be presumed that it is likely to cause confusion on the part of the public. In order to avail the benefit of Sec. 30 of the TMA, apart from establishing that the use of the impugned trade mark was not such as to take unfair advantage of or is detrimental to the distinctive character or repute of the trade mark, it is also necessary to establish that such a use is in accordance with the honest practices in industrial or commercial matters.