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Under Section 29 Trade Marks Act 1999, INFRINGEMENT of a registered trade mark is committed when a person, not being the registered proprietor or licensee, uses in the course of trade a mark which is:

Aan entirely original creation by the defendant without reference to the registered mark (cf. Trade Marks Act 1999, Section 29)
Bany unique combination of colours never seen before in the relevant market (cf. Trade Marks Act 1999, Section 29)
Cany abstract design unrelated to the registered mark in colour or theme (cf. Trade Marks Act 1999, Section 29)
Didentical with or deceptively similar to the registered trade mark in relation to goods or services in respect of which the trade mark is registered
Answer & Solution
Correct answer: D. identical with or deceptively similar to the registered trade mark in relation to goods or services in respect of which the trade mark is registered
1. Section 29(1) Trade Marks Act 1999: '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. Section 29(2) extends infringement to similar goods/services with likelihood of confusion/association. 3. Section 29(4): infringement of WELL-KNOWN registered marks even on dissimilar goods. 4. Section 29(5)-(9): use of registered mark as part of trade name; in advertising; on labels/packaging; etc. 5. Hence option A is correct. _Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 29_
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