law: Trade Marks Act, 1999  
  30. Limits of effect of registered trade
  
  mark.- 
  (1) Nothing in section 29 shall be construed
  
  as preventing the use of a registered trade mark by any person for the purposes
  
  of identifying goods or services as those of the proprietor provided the use- 
  (a) is in accordance
  
  with hones practices in industrial or commercial matters, and
  (b) is not such as to
  
  take unfair advantage of or be detrimental to the distinctive character or
  
  repute of the trade mark.
  (2) A registered trade mark is not infringed
  
  where- 
  (a) the use in
  
  relation to goods or services indicated the kind, quality, quantity, intended
  
  purposes, value, geographical origin, the time of production of goods or
  
  rendering of services or other characteristics of goods or services.
  (b) a trade mark is
  
  registered subject to any conditions or limitations, the use of the trade mark
  
  in any manner in relation to goods to be sold or otherwise traded in, in any
  
  place, or in relation to goods to be exported to any market or in relation to
  
  services for use or available or acceptance in any place of country outside
  
  India or in any other circumstances, to which, having regard to those
  
  conditions or limitations, the registration does not extend.
  (c) the use by a
  
  person of a trade mark- 
  (i) in relation to
  
  goods connected in the course of trade with the proprietor or a registered user
  
  of the trade mark if, as to those goods or a bulk or which they from part, the
  
  registered proprietor or the registered user conforming to the permitted use
  
  has applied the trade mark and user conforming to the permitted use has applied
  
  to the trade mark and has not subsequently removed or obliterated it, or has at
  
  any time expertly or impliedly consented to the use of the trade mark, or
  (ii) in relation to
  
  services to which the proprietor of such mark or of a registered user
  
  conforming to the permitted use has applied the mark, where the purpose and
  
  effect of the use of the mark is to indicate, in accordance with the fact, that
  
  those services have been performed by the proprietor or a registered use of the
  
  mark is to indicate, in accordance with the fact, that those services have been
  
  performed by the proprietor or a registered user of the mark.
  (d) the use of a trade
  
  mark by a person in relation to goods adapted to form part of, or to be
  
  accessory to, other goods or services in relation to which the trade mark has
  
  been used without infringement of the right given by registration under this
  
  Act or might for the time being be so used, if the goods or services are so
  
  adapted, and neither the purpose nor the effect of the use of the trade mark is
  
  to indicate, otherwise than in accordance with the fact, a connection in the
  
  course of trade between any person and the goods or services, as the case may
  
  be,
  (e) the use of a
  
  registered trade mark, being one of two or more trade marks registered under
  
  this Act which are identical or nearly resemble each other, in exercise of the
  
  right to the use of that trade mark given by registration under this Act.
  (3) Where the goods bearing a registered trade
  
  mark are lawfully acquired by a person, the sale of the goods in the market or
  
  otherwise dealing in those goods by that person or by a person claiming under a
  
  through him is not infringement of a trade by reason only of- 
  (a) the registered
  
  trade mark having been assigned by the registered proprietor to some other
  
  person, after the acquisition of those goods, or
  (b) the goods having
  
  been put on the market under the registered trade mark by the proprietor or
  
  with his consent.
  (4) Sub-section (3) shall not apply where the
  
  there exists legitimate reasons for the proprietor to oppose further dealing in
  
  the goods in particular, where the condition of the goods, has been changed or
  
  impaired after they have been put on the market.