Who can sue for infringement?


Trademark Click 06/02/17 Who can sue for infringement?

The registered proprietor, his legal heirs and the registered user(s) of the mark can sue for infringement. An assignee of a registered trademark can also sue for infringement. It is to be noted that it is the plaintiff that has to prove the essential features that his registered mark has been copied. Again, the onus to prove deception is on the plaintiff who alleges infringement.

In addition, a mark is said to be infringed by another person if, even without using the whole of it, the latter uses one or more of its 'essential features'. This view was observed by the court in the matter of S.M. Dyechem v. Cadbury (India) Ltd., AIR 200 SC 2114.

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