Original Study

Open Access



Passing Off and Infringement Action Under the Trade Mark Act, 1999: A Critical Analysis

Simran Dhingra , Dr. Nitan Sharma

DIP: 18.02.08/20230801

DOI: 10.25215/2455/080108

Received: December 12, 2022; Revision Received: January 20, 2023; Accepted: March 25, 2023


This paper aims to check one of the most important intellectual properties, namely trademarks, as well as their infringement and passing off actions. A trademark is defined as something connected3 to a particular good or service in order to the recognition and identification of that good or service, thus it can be anything that identifies and recognizes any product or service. The term trademark is defined under Section 2(1)(zb) of the Trademark Act, 1999. This paper basically talks about infringement of trademark and passing off which includes their elements, defenses, reliefs, and few important case laws.

The authors profoundly appreciate all the people who have successfully contributed to ensuring this paper in place. Their contributions are acknowledged however their names cannot be mentioned.

The author declared no conflict of interest.

This is an Open Access Research distributed under the terms of the Creative Commons Attribution License (www.creativecommons.org/licenses/by/2.0), which permits unrestricted use, distribution, and reproduction in any Medium, provided the original work is properly cited.

Responding Author Information

Dhingra S @ info.ijsi@gmail.com

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Passing Off and Infringement Action Under the Trade Mark Act, 1999: A Critical Analysis

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Article Overview

ISSN 2348-5396

ISSN 2349-3429

DIP: 18.02.08/20230801

DOI: 10.25215/2455/080108

Published in

Volume 08, Issue 1, January – March, 2023

  • 4Downloads
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