• Mahima Prajapati
• Vijay Srivasatva

Trademark law protects a trademark owner’s exclusive rights to use the mark, thereby preventing Associate in the Nursing unlawful use of the mark by an infringer. Trademark protects the mark from any unauthorized use of the mark that shall cause confusion within the minds of the final public. Whenever the litigator proves that the defendant has caused confusion within the minds of the general public by victimisation same or similar mark, a trademark infringement claim shall prevail. The aim of a trademark is to present exclusive protection to a trademark owner. A claim for infringement can prevail just in case of a registered trademark whereas civil law acknowledges the act of ‘passing off’ that prevails within the case of an unregistered trademark. Whenever the trademark owner proves that the infringer mark would cause depreciation to the value of his mark or would damage the name, goodwill of the previous mark, the trademark owner shall establish his right to protection of the mark. The primary and foremost task of the trademark owner is to prove that the previous mark contains a terribly high degree of name and also the infringed mark is analogous to his mark and which might cause confusion or deception concerning the goods within the market.

"UNAUTHORIZED THIRD PARTY USE OF MARKS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 3, page no.556-564, March-2019, Available :http://www.jetir.org/papers/JETIR1903C78.pdf

"UNAUTHORIZED THIRD PARTY USE OF MARKS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 3, page no. pp556-564, March-2019, Available at : http://www.jetir.org/papers/JETIR1903C78.pdf