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, in this article we will deal with What You Should Know About Infringement Trademark?. And also 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.
Types of Common Trademark Infringement
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 occurs when an individual or organization’s trademark is similar to another’s registered trademark rights in the same jurisdiction. Infringers of registered trademarks face fines and jail time. An individual using a trademark or a deceptively similar trademark without permission is using an unauthorized trademark.
When someone alters, effaces, adds, or claims trademark infringement against a legitimate trademark. If a person applies a trademark without the registered trademark owner’s consent or applies a similar trademark to products, services, or packages/containers containing other products, he is also inappropriately using the trademark.
Crimes met in Legal Consent
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.
Punishment Act
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 took all precautions to avoid committing an offense, were unaware of the original, and have no reason to doubt their trademark’s authenticity.
- They must provide the prosecutor with all information about the person from whom they bought 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.
