An Overview Infringement of trademarks happens when some trader without the permission of the owner copies the essential features of goods sold by owner and sells in the market. Along with the copied feature of goods some inconsequential features are added on to plead the differences in civil or criminal proceedings. If a trademark which is similar to another registered trademark is used on similar goods or services, it constitutes infringement. But if a trademark is similar to some another unregistered trademark, then passing off is only permissible and no action for infringement can be taken. Infringement is a remedy for violation of statutory laws while passing off is provided in common law.  Deceptive similarity is the aspect which is determined in the dispute, both in infringement as well as passing off. Under section 27(1) of Trademarks Act 1999, the action can be brought for infringement of registered trademarks only. Deceptive similar ....