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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.
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“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?
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