A trademark process occurs when an individual or an organization declares his ownership of that distinctive mark, symbol or logo by filing the trademark registration application with the Indian Trademark Registrar Office. After a trademark has been registered it gets the privilege to avail legal protection against trademark infringement under the Trademark Act of India. Trademark is a pretty simple to follow. But still infringements do happen and many mostly happen to do this because they don’t know the various rules it is not actually that people do this wanted, most people who are infringed don’t even know how they infringed the trademark rules. So, this article will deal with the different laws that cause infringement and mostly to clarify what is rightful by law.
It’s normally best if people know what not to do. There are primarily three types of common trademark infringement as mentioned below:
- Application of False Trademark To be involved in any type of business no matter which platform they are in. Manufacturing, processing, packaging of products, services. Applying false trademarking is considered as an infringement.
- Distributing of Products with False Trademark providing service or making products with another company’s name or logo on it just to deceive the buyers does come under cheating and infringement.
- False Claim of Trademark Registration Claiming a trademark which is falsely registered or claiming marks that you don’t actually own.
Trademark infringement happens when a trademark used by an individual or organization is similar or same to the registered trademark rights of another individual or organization in the same jurisdiction. By law, a penalty and imprisonment are applicable for the individual who is committing the infringement to be incorrectly using a registered trademark. An individual is generally considered to be using an unauthorized trademark if he is without the assent of the proprietor of the trademark issuing the trademark or a deceptively similar trademark. When a person falsifies or claims any trademark infringement against any genuine trademark, either by alteration, effacement, addition or any other way. An individual is also considered to be inappropriately using the trademark of products or for services, if he without the proper consent of the registered trademark owner applies this kind of trademark or untruthfully applies for a similar trademark to products or services or any package/container containing other products. Such crimes are taken seriously and will be met in legal consent as well and they can be charged in the following ways:
- Falsifies application of a trademark.
- Maliciously application of a product or service.
- Produces or has in their possession, any dye, block, machine or any other instrument for the sole purpose of falsifying.
- Application of ever type of incorrect trade descriptions to products or services they are providing.
- This applies to any products or service which are of prime indication of the country or place in which they were particularly produced. The name and address of the manufacturer or individual for whom the products are manufactured are necessary to apply this process truthfully.
- Any kind of tampering or alteration is an indication of an infringement of originality.
Individuals who either sell product or service through an unauthorized trademark or with false trade details are considered to be a punishable act with imprisonment of not less than six months and up to three years. A fine of fifty thousand to a maximum amount of two lakh rupees. However, an individual can be safe from being punished if they prove:
- They have taken all possible precautions against committing an offence and while committing the offence they were not even aware of the original and has no reason to suspect their genuineness of the applied trademark.
- In accordance with the law and on behalf of the prosecutor, they shall give all the information in their control with regard to the person from whom they obtained any such products or services.
- That, they otherwise had acted innocently.
Now you’ve got more than enough clarity on what is right and wrong in trademarking. So, don’t do any of this mistake again. If not sure or doubtful about the rules you should get in touch with us. Click here.