• Dr.J.Star

Comparative advertising is using another author trademark, when the advertiser cannot disparage the goods or services of another are permissible by law. If any act of disparaging the goods and services of another not only be an act of causing infringement of trademark and also causing the product disparagement. This paper analyses the trite laws relating to comparative advertising and product disparagement, under trademark regime in the light of Sections 29(8) and 30(1) of the Trademarks Act, 1999. According to Section 29(8) enunciates situations, where use of another’s trademark in advertising, without following the conditions laid down under this section, amounts to infringement of trademark. At the same time, Section 30(1) of the Act is an exemption to the Section 29(8) of the Act. The conditions provided under these two legal provisions are identical. The intent of enacting these two provisions are to impose leniencies of permitted comparative advertising over the stringencies of trademark protection. This study also focussed by understanding the concept of Trademark (TM), Comparative Advertisement (CA) and then how the individual Courts from different jurisdictions have analyzed them. Finally from this research topic I will be in a position to know how far this topic on CA has been taken up by the courts and its impact on the advertisers and the consumers.

Critical analysis of Comparative Advertising under Trademark Regime in the vision of Sections 29(8) and 30(1) of the Trademarks Act, 1999 - as aGlance

"Critical analysis of Comparative Advertising under Trademark Regime in the vision of Sections 29(8) and 30(1) of the Trademarks Act, 1999 - as aGlance", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.10, Issue 2, page no.d198-d201, February-2023, Available :http://www.jetir.org/papers/JETIR2302325.pdf

"Critical analysis of Comparative Advertising under Trademark Regime in the vision of Sections 29(8) and 30(1) of the Trademarks Act, 1999 - as aGlance", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.10, Issue 2, page no. ppd198-d201, February-2023, Available at : http://www.jetir.org/papers/JETIR2302325.pdf