Trademark Protection In India
Infringement and passing off are two pillars of trademark litigation. Trademarks are any kind of logo, design, graphical presentation of marks, a combination of logo and words or words with unique appearance (font style, font types). When any third party apart from the original owner of the mark that is the proprietor of the mark, uses the mark without prior authentic permission of the owner- it constitutes the act of infringement or passing off.
The law of passing off is designed to protect traders against any form of unfair trade practices by using the benefits of the reputations built and acquired by a rival trader. The law does not allow any person to misrepresent his goods and business that are the same as the goods and business of another.
Remedies Available for trademark infringement in India
|1||Civil Remedies||There is the relief of injunction against infringement or passing off, Mareva Injunction, damages, accounts of profit, custody, and sealing of infringed goods.|
|2||Criminal Remedies||Criminal Complaints, Imprisonment, Anton Pillar order, etc|
|3||Administrative Remedies||Notice of Opposition and Proceedings for rectification/cancellation of a trademark before the registrar.|
|4||Border Measures||Proprietors or licensees of a registered trademark may give notice in writing to the commissioner of customs to prohibit the import of any goods that result in infringement under the Act.|