The Trade Marks Act 1940, 5 of 1940, (Rep., Act 43 of 1958) · IV — .

Section 22. _

Repealed or not in force · As amended up to 2026-08

22. (1) The right to the use of a trade mark given `NO` lnfrlngement .under section 21 by registration shall be subject to any in certain .conditions or limitations entered on the register, and .ehall not be deemed to be infringed by the use of any such mark as aforesaid in any mode, in relation to goods ' to be sold or otherwise traded in, in any place, or in relation to goods to be exported to any market, or in any other circumstances, to which, having regard to any -such limitations, the registration does not extend. lnfrlngement in certain clrcumatanoee ' (2) The said right to the use of a trade mark shall not be deemed to be infringed by the use of any such mark as .a~fosesa,icl by any person- (a) in relation to goods connected in the course of trade with the proprietor or a registered user 1 1 I I Trade Marks `[ACT v` user of the trade mark if, as to those goods. or a bulk of which they form part, the proprietor or the registered user conforming to. the permitted use has applied the trade. mark and has not subsequently reioved or obliterated it, or has at any time expressly or impliedly consented to the use of the trademark ; or (b) in relation togoods adapted to form part of, or to be accessory to, other goods in relation, to which the trade mark has been used without infringement of the right given as afore-. said or might for the time being be so used,. if the use of the mark is reasonably necessary in order to indicate that the goods are so. adapted and neither the purpose nor theeffect of the use of the mark is to indicateotherwise than in accordance with the fact a oonneotion in the course of trade between, any person and the goods. (3) The use of a registered trade mark, being one of ' two or more registered trade marks which are identical' or nearly resemble each other, in exercise of the right tothe use of that trade mark given by registration askfore,aid, shall not be deemed to be an infringement of theright so given to the use of any other of those trade marks.

Source: India Code