Infringement of Trade Mark: 

Infringement is a breach or violation of another's right.

According to Black's Law Dictionary Infringement implies a demonstration that meddles with one of the exclusive privileges of a patent, copyright and trademark proprietor. As per the Trademark Act, 'A registered trademark is infringed by an individual if he uses such registered trademark, as his trade name or part of his trade name, or name of his business concern or part of the name, of his business concern dealing in goods or services in regard of which the exchange mark is enrolled. Infringement of trademark implies the utilization of such a mark by an individual other than the enlisted owner of the mark.

According to the Trademark Act, a mark will be regarded to be infringed mark if:

1. it is discovered a duplicate of an entire registered mark with a few additions and alterations,
2. the infringed mark is utilized over the course of trade,
3. the utilization of the infringed mark is printed or usual representation of the mark in an advertisement. Any oral utilization of the trademark isn't infringement.
4. the mark utilized by the other individual which almost looks like the character of the registered owner as is probably going to deceive or cause confusion and concerning goods in respect of which it is registered.

Protection Against Infringement of Trade Mark: 

Under section 29 of the Trademark Act, 1999, the utilization of a trademark by an individual who not being registered owner of the trademark or a registered client thereof which is indistinguishable with, or misleadingly like a registered trademark amounts to the infringement of trademark and the registered owner can make a move or acquire relief in respect of infringement of the trademark. In a case, Supreme Court has held that in an action for infringement of the two marks are indistinguishable, at that point the infringement made out, otherwise in the case the Court needs to look at the two marks, the degree of resemblance by phonetic, visual or in the basic ides as presented to the registered owner, regardless of whether the essential features of the mark of the registered proprietor is found to be used by another person the Court may conclude the matter.

In an action for infringement of trademark: 

(a) the offended party must be the registered proprietor of a trademark

(b) the respondent must utilize a mark misleadingly similar to the offended party's mark.

(c) the utilization must be corresponding to the goods in regard to which the offended party's marks is registered,

(d) the utilization by the defendant must not be accidental however over the course of trade.