law: Trade Marks Act, 1999  
  29. Infringement of registered trade marks.- 
  (1) A registered trade mark is infringed by a
  
  person who, not being a registered proprietor or a person using by way of
  
  permitted use, uses in the course of trade, a mark which is identical with, or
  
  deceptively similar to, the trade mark in relation to goods or services in
  
  respect of which the trade mark is registered and in such manner as to render
  
  the use of the mark likely to be taken as being used as a trade mark.
  (2) A registered trade mark is infringed by a
  
  person who, not being a registered proprietor or a person using by way of
  
  permitted use, uses in the course of trade, a mark which because of- 
  (a) its identify with
  
  the registered trade mark and the similarly of the goods or services covered by
  
  such registered trade mark or,
  (b) its similarly to
  
  the registered trade mark and the identity or similarly of the goods or
  
  services covered by such registered trade mark, or
  (c) its identity with
  
  the registered trade mark and the identity of the goods or services covered by
  
  such registered trade mark, is likely to cause confusion on the part of the
  
  public, or which is likely to have an association with the registered trade
  
  mark.
  (3) In any case falling under clause (c) of
  
  sub-section (2), the court shall presume that it is likely to cause confusion
  
  on the part of the public.
  (4) A registered trade mark is infringed by a
  
  person who, not being a registered proprietor or a person using by way of
  
  permitted use, uses in the course of trade, a mark which- 
  (a) is identical with
  
  or similar to the registered trade mark, and
  (b) is used in
  
  relation to goods or services which are not similar to those for which the
  
  trade mark is registered, and
  (c) the registered
  
  trade mark has a reputation in India and the use of the mark without due cause
  
  takes unfair advantage of or is detrimental to, the distinctive character or
  
  repute of the registered trade mark.
  (5) A registered trade mark is infringed by a
  
  person if he uses such registered trade mark, as his trade name or part of his
  
  trade name, or name is his business concern or part of the name, of his
  
  business concern dealing in goods or services in respect of which the trade
  
  mark is registered.
  (6) For the purposes of this section, a person
  
  uses a registered mark, if, in particular, he- 
  (a) affixes it to
  
  goods or the packaging thereof,
  (b) offers or exposes
  
  goods for sale, puts them on the market, or stocks them for those purposes
  
  under the registered trade mark, or offers or supplies services under the
  
  registered trade mark.
  (c) imports or exports
  
  goods under the mark, or
  (d) uses the
  
  registered trade mark on business papers or in advertising.
  (7) A registered trade mark is infringed by a
  
  person who applies such registered trade mark to a material intended to be used
  
  for labeling or packaging goods, as a business paper, or for advertising goods
  
  or services, provided such person, when he applied the mark, knew or had reason
  
  to believe that the application of the mark was not duly authorized by the
  
  proprietor or a licensee.
  (8) A registered trade mark is infringed by
  
  any advertising of that trade mark if such advertising- 
  (a) takes unfair
  
  advantage of and is contrary to honest practices in industrial or commercial
  
  matters, or
  (b) is detrimental to
  
  its distinctive character, or
  (c) is against the
  
  reputation of the trade mark
  (9) Where the distinctive elements of a
  
  registered trade mark consists of or include words, the trade mark may be
  
  infringed by the spoken use of those words as well as by their visual
  
  representation and reference in this section to the use of a mark shall be
  
  construed accordingly.