Trademark Infringement

Do you want to file for Trademark Infringement?

Or you received the Trademark Infringement Notice?

IF YES, GO ON READING BELOW

Trademark Infringement is the unauthorized use of a trademark in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services under the Trademark Act, 1999. The term deceptively similar here means that when an average consumer looks at the mark, it is likely to confuse customers of the origin of the goods or services.

  • Trademark Infringement is very important to ensure that your trademark is not being infringed upon by any party demeaning your brand proposition in the market. It gives you a legal course of action to get the monetary relief and also defendant has to stop using the mark immediately.

  • Trademark represents the brand value of the owner and distinguishes them from the rest of the players in the market. Not only this, if you are owner of any registered trademark, you must have felt the heat whenever you find any product/service in your chosen industry with same name in brand mark which is your trademark. It is when TM Infringement comes into play.

  • Infringement of trademark also causes a loss of finances and goodwill to the owner of the infringed mark. Thus, it is always better to be cautious, vigilant and appoint a professional IP Firm who excels in the segment to update you if there are other existing players to prevent potential infringers from riding on the goodwill and reputation that you have established over a period of time.

Reasons for Trademark Infringement

  • Trademark owners can take legal action if they believe their marks are being infringed by some parties and can further harm their brand value.

  • If infringement of a trademark is proven, a court order can prevent a defendant from using the mark, and the owner gets monetary relief.

  • As owner of registered TM, you get this right to sue business/people for unauthorised use of your mark at any given any point of time.

The main purpose of a trademark infringement is to help owner of trademark secure the mark of a particular good or service. The brand helps people determine the quality and consumers usually make their purchase decisions on quality aspect. This is why a trademark infringement is of extreme importance for all trademark owners. 

Documents Required for Trademark Infringement

If you have to send TM Infringement Notice

TM Registration Certificate, Parties Detail infringing, Proof of Infringement and Supporting Documents

If you have received TM Infringement Notice

Copy of TM Infringement Notice along with Annexures, Sample of product/Service and any other documents.

For further details, please connect at tm@ccoffice.in or 9988424211

Legal Procedures

It is imperative to protect your mark from misuse and infringement by others. Before stepping into the legal procedures, it is always better to find out whether infringement nature is direct or indirect which will further make the roadmap for the TM Infringement. The infringement of a trademark is a cognizable offence which means that the infringer may also face criminal charges along with civil charges. The owner also gets the monetary relief for the amount they suffered loss.

The legal procedure involves many stages right from serving the TM Infringement Notice to finally getting the below remedies:

  • Temporary Injunction
  • Permanent Injunction
  • Damages Compensation
  • Destruction of Goods
  • Cost of Legal Proceedings

There is legal repercussion to the infringer as well in criminal proceedings and the court may award the following punishment:

  • Imprisonment not less than six months that may extend to three years

  • A fine that is not less than INR 50,000 which may extend to INR 2 lakh

Features

Trademark infringement in India is defined under Section 29 of the Trademarks Act, 1999. Simply put, when an unauthorized person uses a trademark that is 'identical' or 'deceptively similar' to a registered trademark, it is categorised as TM Infringement. Below are some of the Features and Benefits to help you understand why this carries utmost importance:

  • Brand Security: In the emerging market where every business is working harder to scale and level up their game, there is always a class of infringers who believes in copying the colour-combination of mark and deceive the end consumer with the crooked products.
  • Get Damages: Trademark owner is entitled to damages in the amount of the profits gained from the infringement. It is kind of monetary relief which helps you meet legal expenses occurred during the process of filing and follow-up of the case of infringement as and when it happens so.
  • Destruction of Goods: The product using the infringing mark is asked to get destroyed by the court in their order. This is very essential as counterfeit goods and products may be eliminated from the market and help you to grow by leaps and bounds.
  • Kill the Confusion: The Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods. Protect your brand with the continuous check of your clones.

  • Claim Infringement: To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in the market by sale or advertisement of goods or services without the TM Owner consent.

Types of Trademark Infringement

Trademark infringement is of Two types which are as follows:

1. Direct Infringement:

Direct Infringement is mentioned under section 29 of the trademark act. It stipulates that there are certain elements to be dealt with before any direct rupture is faced. The elements of the direct infringement invlove the following:

  • Usage by an unauthorised person
  • Similar or deceptive indenticals
  • Registered Trademark
  • Goods or services class

2. Indirect Infringement:

The Trademark Act 1999, does not deal with exclusive provision for indirect infringement. But the Universal Principle of law renders the principles and application of Indirect Infringement. It holds accountable not only the principle Infringer but also the person who abets or induce the principle infringer for the trademark infringement. They are as follow:

  • Vicarious Liability
  • Contributory Infringement

How to Avoid Trademark Infringement?

The following are the significant process that needs to be adhere to avoid trademark infringement. They are as follows:

  • Research & Analysis:

It is very essential to ascertain whether any similar name, logo, design or word has already been established. This process can be commenced by checking with the Trademark registry.

  • Enlist Help

It is necessary to hire a trademark attorney. This is due to the reason that the trdaemark attorney will have access to other database and they are aslo endowed with the rights to make access to state trademark records and common law marks. 

  • General Liability Insurance

Considered for general liability insurance is deemed paramount. This is because if we are sued for trademark infringement, then general liability insurance will assist pay for the legal expenditure which includes attorney fees, expert witness testimony, court expenditure and final  fees for settlement or judgement in case of losing the case.

Our Support

Not to worry at all! Someone from our experienced IPR Team will resolve all your queries on TM Infringement. Our TM Experts will help you to give you the best advice without any consultancy fees. Write to us at tm@ccoffice.in  or/and WhatsApp/Call us +91 9988424211.

Have Queries? Talk to us!

  

Frequently Asked Questions

Trademark infringement occurs when someone uses a trademark that is identical or confusingly similar to a registered trademark without permission, leading to a likelihood of confusion among consumers.

Signs of infringement include unauthorized use of a trademark on similar goods or services, marketing that confuses consumers about the source of products, or dilution of the trademark's distinctiveness.

To prove infringement, you generally need to show that your trademark is valid, that you own it, and that the alleged infringer's use is likely to cause confusion among consumers.

If you suspect infringement, document the unauthorized use, gather evidence, and consider sending a cease-and-desist letter to the infringer. Consulting a trademark attorney is advisable.

Yes, you can file a lawsuit against the infringer in a court that has jurisdiction over trademark disputes. It's recommended to seek legal counsel for guidance on the process.

Potential remedies include injunctive relief (stopping the infringer from using the mark), monetary damages, and, in some cases, attorney fees.

Yes, there are statutes of limitations for filing trademark infringement lawsuits, which vary by jurisdiction. It's essential to act promptly to protect your rights.

Yes, common law trademark rights can exist without registration. If you have been using a trademark in commerce, you may still have rights to enforce it against infringers.

Fair use refers to the legitimate use of a trademark without permission, such as for comparative advertising or descriptive purposes, as long as it does not cause consumer confusion.

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