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WHAT IS TRADEMARK INFRINGEMENT?

Trademark infringement is like someone copying or imitating your brand’s name, logo, or symbol without your permission. It’s similar to someone using your unique signature to pretend to be you. When another person or company infringes on your trademark, it can cause confusion for customers and harm your business. Taking action against infringement involves stopping the unauthorized use of your brand and protecting your exclusive rights.

TRADEMARK INFRINGEMENT :

Trademark Infringement is defined under Section 29 of the Trademarks Act, 1999. It is defined as an unauthorized use of a trademark by a person who is not the registered Proprietor of the trademark. It is the violation of the exclusive rights attached to a registered trademark, without the permission of the registered owner.Various Courts have held that trademark infringement cause confusion in the minds of the public. The person infringing a trademark takes undue advantage of the hard-earned reputation and goodwill of the registered owner. For trademark infringement what needs to be proved is that infringing trademark is deceptively similar or identical to the registered trademark.

REMEDIES FOR TRADEMARK INFRINGEMENT:

A registered trademark can take civil and criminal action for trademark infringement.

As the trademark infringement matter is a cognizable offense, a police complaint can be filed and the infringer can be prosecuted directly.

A civil suit can be filed in an appropriate court having jurisdiction which can grant the following remedies:

Injunction against the use of the impugned mark.
Awarding damages.
Appointment of a local commissioner by the respective court for custody or sealing of infringing material and accounts.
Handing over accounts and profits.
An application under Order 39 rules 1 & 2 of CPC for grant of temporary or ad interim ex-parte injunction. Interim orders are generally ex-parte or after notice.

Note: It is important to consult with an experienced trademark lawyer/attorney if you are facing trademark infringement. to provide you with the best possible guidance.

THE DIFFERENCE BETWEEN TRADEMARK INFRINGEMENT AND PASSING OFF:

Trademark infringement and passing off are often used conversely, but they are not the same thing.Trademark infringement occurs when someone uses a registered trademark without permission from the owner.Passing off, on the other hand, occurs when someone tries to trade off the reputation and goodwill of an established brand. While passing off doesn’t necessarily involve a registered trademark, it can still be damaging to your business.For example, if someone uses a similar name or logo to your registered trademark, it would be considered trademark infringement.but, when someone uses a similar name or logo to your business, but the trademark they are using is not a registered trademark, it would be considered as passing off.

FAQs on Trademark Infringement

Q1: What is trademark infringement?

It is defined as an unauthorized use of a trademark by a person who is not the registered Proprietor of the trademark.

Q2: What is the affect of trademark infringement on public?

Trademark infringement cause confusion in the minds of the public.

Q3: What is required to be proved in Trademark infringement?

That infringing trademark is deceptively similar or identical to the registered trademark.

Q4:What action lies against trademark infringement?

Both civil and criminal action can be taken against the person infringing a trademark.

5. What is the benefit of a trademark?

the registered Proprietor of a trademark can take action others for infringement, passing off, compensation for violation of reputation and goodwill

6. For how long trademark registration is valid?

For 10 years, after that it has to be renewed.

7. What does the register of a trademark contain?

the trademark which is maintained digitally, contain every details like application number, class, filing date, user date, trade name, proprietor details, goods details, expiry date, attorney details etc.

8. Can any amendment be made in trademark application?

Yes, by filing TM-M with requisite fees.

9. How many application are required to be filed for trademark?

For each class one trademark application is filed.

10. Can trademark be applied proposed to be used?

yes.