A Trade mark may be defined as a lawfully
protected abstract, word, symbol, color, mark, slogan or a mixture
of those related to an organization or a selected product that
differentiates it from the others accessible within the market
Before we dive into how Trade Marks Act, 1999, defines
infringement and passing off it is only fair to understand the
meaning of these terms in layman's language. According to the
Cambridge dictionary, infringement could be defined as an action that breaks a rule, law, etc.and the synonym of it would be breach,
violation. Now, let us look at the definition of passing off.
According to the Cambridge dictionary, passing off could be defined
as the illegal act of selling a product that is similar to one that
another company has legally protected by a trade mark and the
synonym of it would be... well, there are no synonyms.
