Trademark Infringement Notice – What’re Your Remedies And How To Defend Your Brand Name

The Infringement Of A Particular Trademark In India Is A Violation Of The Exclusive Rights That Have Been Granted To The Proprietor Of That Specific Trademark Registered Under The Trade Marks Act, 1999.

Trademark Infringement In India Is Described Under Section 29 Of The Trademarks Act, 1999. Section 30 States The Situation When A Registered Does Not Constitute Infringement.

What Would Constitute The Infringement Of Trademark?

When An Unauthorized Person Uses A Trademark, Which Is ‘Identical’ Or ‘Deceptively Similar’ To A Registered Trademark, It Is Referred To As An Infringement.

The Following Acts Constitute Infringement:

  1. Any Unauthorized Person Uses The Registered Trademark Without A License From The Owner.

2 Identical Or Deceptively Similar:

  • The Mark Used Is Deceptively Similar Or Identical With The Mark In Dispute.
  • It Can Confuse The Minds Of The General Public With Having An Association With The Registered Trademark.
  • There Is A Chance For A Likelihood Of Confusion Among The Public.
  • If The Consumer Is Likely To Get Confused Between The Two Marks, Then There Is An Infringement.

Kinds Of Infringement: 

There Are Two Kinds Of Infringement:

  • Direct Infringement
  • Indirect Infringement

Indirect Infringement:

  • Indirect Infringement Notable Happens When An Individual, Influences Another Person To Infringe On A Trademark, Without Directly Infringing.
  • When A Person Materially Contributes Or Induces The Direct Infringer To Infringe, It Is Called Contributory Infringement.
  • When The Person Could Control The Actions Of The Direct Infringer Or,
  • When A Person Derives A Financial Benefit From The Infringement Or
  • When A Person Knows Of Third-Party Infringement, And The Person Doesn’t Act On It Reasonably But Instead Contributes To It For His Benefit. The Person Is Said To Be Vicariously Liable.

Types Of Remedies For Trademark Infringement: 

Civil Remedies:

  • When A Trademark Infringed, Both Civil And Criminal Action Can Be Brought About.
  • There Is No Limit On The Time Period For Filing A Suit.
  • The Court Situated At A Particular Jurisdiction Could Give The Following Remedies If The Infringements Have Been Successfully Proven:
  • An Injunction Or A Stay Order Against The Use Of A Trademark Can Be Issued;
  • Appropriate Damages Claimed For The Infringement;
  • Forfeiting The Profits Made By The Use Of The Infringed Mark Could Also Be Requested;
  • The Respective Court Appoints An Advocate Commissioner To Over The Custody Or Sealing Of Infringing Material And Accounts.
  • An Application Is Required Under The  Order 39 Rule 1 & 2 Of CPC To Grant A Temporary Or Ad Interim Ex-Parte Injunction.

Criminal Remedies:

  • Chapter XII Of The Act Deals With Offenses, Penalties, And Procedures.
  • Section 103 And 104 Provide For Imprisonment For A Term Not Less Than Six Months, Which Could Go Up To Three Years And Fine Not Less Than Fifty Thousand Rupees, Which May Extend Up To Two Lakh Rupees.
  • The Provision For Enhanced Punishment Is Laid Down Under Section 105 Of The Trade Marks Act, 1999.
  • Section 27 (1) States That No Action For Infringement Can Be Taken Unregistered Trademark.
  • Further Section 27 (2) States That There Is An Alternative Remedy Available For An Unregistered Trademark. It Is Called Passing Off.

Passing Off:

For Any Infringement To Come Under Passing Off Action, It Must Fulfill 3 Conditions: –

  • The Trademark Had A Reputation.
  • There Was A Misrepresentation.

It Has Caused Injury Or Loss.


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