Advisory Services
Audit
Consulting
ESG Advisory
RBI Registration
SEBI Registration
IRDA Registration
FEMA Advisory
Compliances
IBC Services
VCFO Services
Growing
Developing
ME-1
ME-2
EU-1
EU-2
SE
Others
Select Your Location
As with the rising awareness about intellectual property number of trademark registration is increasing in India. Infringing the registered trademark can have a lot of legal consequences and liability. Infringement may occur when one party, the “infringer”, uses a trademark which is identical or too similar to a trademark owned by another party, in relation to a product or service which are identical or similar to the product or services which the registration covers.
It is a violation of the exclusive right attached to a trademark without the authorization of the trademark owner or any licensees.
Table of Contents
“A registered trademark is infringed by that person who is not a registered proprietor (owner of the trademark can also be a legal entity like LLP or Company Trust etc.) or a person using by way of permitted use, uses in the courses of trade, a mark which is identical with, or deceptively similar to, the trademark in relation to goods or services in respect of which the trademark is registered and in such manner as to render the use of the mark likely to be taken as being used as trademark”.
Infringement occurs when a person or company uses a trademark without authorization from the owner of the trademark in a way that will be likely to confuse or deceive the existing public regarding the source of the services and the goods.
Not necessarily. Since trademark infringement law seeks to prevent customer confusion, if a certain company name is the same or similar but is being used in two unrelated businesses or locations, it may not create customer confusion as to the source of the goods or services.
For registering a trademark application can be filed online through the Trademark Electronic Application System (TEAS). A trademark application generally includes the following information:
An owner of the trademark who has a belief that his mark is being infringed may file a civil action in either state court or federal court for trademark infringement, depending on the circumstances. However, in most of the cases, the owner of the trademark chooses to sue in federal court. Even if the plaintiff files the matter in the state court, the defendant has the choice to move the case to the federal court.
If the owner of the trademark is able to prove infringement, available entries may include the following:
The court may grant relief for trademark infringement or for passing off. Relief for infringement can be granted through an injunction, damages or on account of profit together with or without any order for delivering the infringed label.
Trademark infringement in India is a cognizable offence. The infringer may face criminal as well as civil charges. In India, Indian patent Office administered by the Controller general of patents, designs and trademarks deals with the protection of trademark. It is essential for entrepreneurs to be aware of the regulations surrounding IP rights.
Read our article:How to File a Complaint against Trademark Infringement in India?
Experienced Finance and Legal Professional with 12+ Years of Experience in Legal, Finance, Fintech, Blockchain, and Revenue Management.
Black money has been the subject of heated political debate in India for a long time. Successiv...
The Apex Court pronounced a judgement in the case titled Tata Motors Vs The Brihan Mumbai Elect...
Since economies are moving towards digitalisation and making it feasible to conduct transaction...
The Alternative Investment Funds (AIFs) Pro-rata and Pari-Passu Rights Proposal Consultation Pa...
The Financial Action Task Force, i.e. FATF (the Force), is the global money laundering and terr...
Advance tax refers to the payment of the tax liability before the end of the relevant financia...
On 11.12.15, the Hon’ble Delhi High Court (HC) pronounced a landmark judgement in the case ti...
Money laundering can be defined as the process of illegal concealment of the origin of money ob...
Every assessee in India is obligated to file an income tax return and make the timely payment o...
In the recent past, India has seen burgeoning demand for internet and smartphones. The rapid ri...
Are you human?: 4 + 4 =
Easy Payment Options Available No Spam. No Sharing. 100% Confidentiality
Trademark has become one of the easiest ways for consumers to identify the source and to make a decision. Trademark...
14 Jan, 2021
Getting the trademark after all hush and rush and then someone infringes your right is beyond bearable. Today in th...
21 Jan, 2019
Red Herring Top 100 Asia enlists outstanding entrepreneurs and promising companies. It selects the award winners from approximately 2000 privately financed companies each year in the Asia. Since 1996, Red Herring has kept tabs on these up-and-comers. Red Herring editors were among the first to recognize that companies such as Google, Facebook, Kakao, Alibaba, Twitter, Rakuten, Salesforce.com, Xiaomi and YouTube would change the way we live and work.
Researchers have found out that organization using new technologies in their accounting and tax have better productivity as compared to those using the traditional methods. Complying with the recent technological trends in the accounting industry, Enterslice was formed to focus on the emerging start up companies and bring innovation in their traditional Chartered Accountants & Legal profession services, disrupt traditional Chartered Accountants practice mechanism & Lawyers.
Stay updated with all the latest legal updates. Just enter your email address and subscribe for free!
Chat on Whatsapp
Hey I'm Suman. Let's Talk!