Section 29 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 29 is the central infringement provision. It has nine sub-sections, and each one describes a different way in which a registered trade mark can be infringed. The first four are the core tests, based on the mark and the goods or services; the rest deal with trade names, ways of using a mark, labelling material, advertising and spoken use.
A registered trade mark is infringed by a person who is not the registered proprietor or a permitted user and who uses the mark in the course of trade. Sub-section (1): an identical or deceptively similar mark for the registered goods or services. Sub-section (2): likelihood of confusion or association. Sub-section (4): a reputed mark used on dissimilar goods without due cause. Sub-sections (5) to (9) cover trade names, the acts that count as use, labelling material, advertising and spoken use.
Who can infringe
Sub-sections (1), (2) and (4) each start with the same words: a person "not being a registered proprietor or a person using by way of permitted use", who "uses in the course of trade". So the registered proprietor, and a person using by way of permitted use, are outside the section, and the use must be in the course of trade. Only a registered mark can be infringed; see section 27 and section 28. If you think your mark is being infringed, a trademark infringement notice is the usual first formal step.
Sub-section (1): identical or deceptively similar mark, same goods or services
A registered trade mark is infringed by a person who 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."
Three requirements: (i) the mark is identical or deceptively similar; (ii) the use is for goods or services for which the mark is registered; (iii) the manner of use is such that it is likely to be taken as use as a trade mark. "Deceptively similar" is defined in section 2(1); see definitions in the Trade Marks Act.
Sub-section (2): confusion or association
Infringement where the defendant's mark, because of one of three combinations, "is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trade mark":
| Clause | Marks | Goods or services |
|---|---|---|
| (a) | Identity with the registered mark | Similarity of goods or services |
| (b) | Similarity to the registered mark | Identity or similarity of goods or services |
| (c) | Identity with the registered mark | Identity of goods or services |
The test is likelihood of confusion on the part of the public or likelihood of association with the registered mark.
Sub-section (3): presumption
"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." Where the marks and the goods or services are both identical, the court shall presume confusion. The presumption in the text is confined to clause (c).
Sub-section (4): reputed marks on dissimilar goods
Infringement by a person who uses a mark which:
- (a) is identical with or similar to the registered mark; and
- (b) is used in relation to goods or services which are not similar to those for which the mark is registered; and
- (c) the registered 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 mark.
All three clauses are joined by "and". The reputation must be in India. Well-known marks are discussed in well-known trademarks in India under section 11.
Sub-section (5): use as a trade name
Using the registered mark as one's trade name or part of it, or as the name of one's business concern or part of that name, is infringement where the business deals in goods or services for which the mark is registered.
Sub-section (6): what counts as "use"
"For the purposes of this section, a person uses a registered mark, if, in particular, he":
- (a) affixes it to goods or their packaging;
- (b) offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the mark, or offers or supplies services under the mark;
- (c) imports or exports goods under the mark; or
- (d) uses the mark on business papers or in advertising.
The words "in particular" show that the list is not exhaustive.
Sub-section (7): applying the mark to labelling or packaging material
Infringement by a person who "applies such registered trade mark to a material intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services", provided that person, when applying the mark, "knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee". This is aimed at those who supply the material, such as printers, and the knowledge or reason-to-believe condition applies.
Sub-section (8): advertising
A registered trade mark is infringed by any advertising of that mark if the 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. The three grounds are alternatives, joined by "or".
Sub-section (9): spoken use
"Where the distinctive elements of a registered trade mark consist 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." So spoken use is covered where the distinctive elements are words.
Summary table
| Sub-section | Short description | Key test |
|---|---|---|
| (1) | Identical or deceptively similar mark; goods or services registered | Likely to be taken as used as a trade mark |
| (2) | Three combinations of identity and similarity | Confusion or association |
| (3) | Presumption for identical marks and identical goods or services | Court shall presume confusion |
| (4) | Reputed mark, dissimilar goods | Unfair advantage or detriment, without due cause |
| (5) | Use as trade name | Business in the registered goods or services |
| (6) | Acts that amount to use | Not exhaustive |
| (7) | Applying mark to labels, packaging, papers, advertising material | Knowledge or reason to believe |
| (8) | Advertising | Unfair advantage, detriment or against reputation |
| (9) | Spoken use | Words as distinctive elements |
Example. Anvi Spices has registered "ANVI GOLD" for spices. Another trader sells turmeric under "ANVI GOLD". That is identity of the mark and of the goods, so sub-section (2)(c) applies and sub-section (3) requires the court to presume likely confusion. If the trader sold cement under a similar name, sub-section (4) would apply only if the mark had a reputation in India and the other conditions were met.
Limits and what follows
Read section 29 with section 30 (uses that are not infringement), section 34 (prior users) and sections 35 and 36. Suits are dealt with in sections 134 and 135. For remedies, see trademark infringement: what constitutes and remedies.
Practical points
- Match the facts to the sub-section. The test changes: identical or deceptively similar (1), confusion or association (2), reputation (4).
- Collect proof of use (goods, packaging, web pages, advertisements) and keep your registration current.
- Check the exceptions first. Section 30 may answer the complaint.
Need help with a suspected infringement?
If a registered mark of yours is being copied, or you have received a notice yourself, the first task is to match the facts to the right sub-section. Our trademark infringement notice team can review the use, draft the notice and advise on next steps.
Key takeaways
- Only a registered mark can be infringed under section 29.
- The infringer is a person who is not the registered proprietor or a permitted user and who uses the mark in the course of trade.
- (1): identical or deceptively similar mark for the registered goods or services; (2): confusion or association; (3): presumption for identical marks and goods; (4): reputed marks on dissimilar goods.
- (5): trade name; (6): acts of use; (7): labelling material; (8): advertising; (9): spoken use.
- Read section 29 together with sections 30 and 34.
Read next
- Section 28: rights conferred by registration
- Section 30: limits on effect of registered trade mark
- Section 34: saving for vested rights of prior user
- Civil remedies for trademark infringement
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.