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  • Infringement of Trademark

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    Farid Fauzi
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    Section 34(2) of the Trademarks Act 2019 provides a defense against trademark infringement if the alleged infringer's use of a sign was in accordance with honest commercial practices. This defense recognizes that in some situations, using a sign identical to a registered trademark may be allowed. However, whether this defense applies depends on the specific jurisdiction and facts of the case. It is best to consult an intellectual property attorney familiar with trademark law in the relevant jurisdiction for accurate legal advice regarding a potential infringement case under Section 34(2).

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    INFRINGEMENT OF TRADEMARK

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    Section 34(2) of the Trademarks Act 2019 provides a defense against trademark infringement if the alleged infringer's use of a sign was in accordance with honest commercial practices. This defense recognizes that in some situations, using a sign identical to a registered trademark may be allowed. However, whether this defense applies depends on the specific jurisdiction and facts of the case. It is best to consult an intellectual property attorney familiar with trademark law in the relevant jurisdiction for accurate legal advice regarding a potential infringement case under Section 34(2).

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    © All Rights Reserved
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    4 views1 page

    Infringement of Trademark

    Uploaded by

    Farid Fauzi
    Section 34(2) of the Trademarks Act 2019 provides a defense against trademark infringement if the alleged infringer's use of a sign was in accordance with honest commercial practices. This defense recognizes that in some situations, using a sign identical to a registered trademark may be allowed. However, whether this defense applies depends on the specific jurisdiction and facts of the case. It is best to consult an intellectual property attorney familiar with trademark law in the relevant jurisdiction for accurate legal advice regarding a potential infringement case under Section 34(2).

    Copyright:

    © All Rights Reserved
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    INFRINGEMENT OF TRADEMARK (REFER SOALAN TEST)

    - 34 (2)
    Under the Trademarks Act 2019, Section 34(2) refers to a defence available to an alleged infringer of a trademark. This particular provision states
    that a person will not be held liable for trademark infringement if their use of a sign in relation to goods or services is in accordance with honest
    practices in industrial or commercial matters.

    This defence recognizes that there may be situations where the use of a sign like a registered trademark is permissible if it falls within the scope of
    honest practices. However, it's crucial to note that the application and interpretation of this defence may vary depending on the specific jurisdiction
    and the facts of each case.

    It is advisable to consult with a qualified intellectual property attorney or legal professional familiar with the Trademarks Act in your jurisdiction for
    accurate advice regarding a potential trademark infringement case under Section 34(2) of the Trademarks Act 2019.

    - first user

    - first register trademark

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