Principle

INTELLECTUAL PROPERTY LAW — Trade Marks — Infringement Under Section 5(2) of the Trade Marks Act

Area of law
INTELLECTUAL PROPERTY LAW
Court
Supreme Court

Section 5(2) of the Trade Marks Act provides the statutory test for infringement. The plaintiff must prove either: (a) use of an identical mark, or (b) use of a mark so nearly resembling the registered mark that it is likely to deceive or cause confusion…

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