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- acsguwahati@gmail.com
- Guwahati, Assam India
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 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.
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:
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.
It is defined as an unauthorized use of a trademark by a person who is not the registered Proprietor of the trademark.
Trademark infringement cause confusion in the minds of the public.
That infringing trademark is deceptively similar or identical to the registered trademark.
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