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For the recognition of the source of goods and services, every business entity has its own trademarks. Trademark is of extreme importance as consumers base their purchases on these trademarks. So it is very important to not let your trademark infringed. Trademark infringement will make you lose your finances and goodwill.
In this blog, we will try to understand what does infringement of trademark mean? What or whatnot comes under the infringement of a trademark? What are the remedies for trademark infringement?
Table of Contents
Trademark infringement is basically the breach of exclusive rights attached to the registered trademark, in which you use somebody else’s registered trademark without seeking any permission. In accordance with the Trademark Act, 1999, if an authorized or unauthorized person or a person who is not a registered proprietor uses a mark in relation to the goods and services, which is identical or similar to, the registered trademark, is known as the trademark infringement.
Following are the cases where the trademark is considered to be infringed:
Do you know, in case of the falsification of the trademark infringement you will be put behind bars for a period of at least six months, which may extend up to three years and there will be an additional penalty of 50 thousand rupees (Rs. 50,000) which may also extend up to two lakh rupees (2, 00,000). Provided that the falsification is not done on the following grounds-
In case of infringement of trademark, you may have to bear the consequences of both civil and criminal action. Infringement of a trademark is a cognizable offense in accordance with the Trademark Act, 1999 which means that a police complaint can be lodged and you can be prosecuted directly for the infringement. Even the courts have the authority to suo moto conduct raids and seizure operation.
While, on the other hand, a civil action can also be taken against the infringer. With respect to the status of the trademark; registered, pending, or unregistered a suit can be initiated against you. There is no limitation period for filing the suit, as the offense of trademark infringement is a continual misdeed or a breach.
Now let us go ahead and see what happens if the infringement is proved by the court of competent jurisdiction-
Once the infringement is proved inside the court, the main authority can give the following measures or remedies-
There are cases where people are falsely implicated for using the trademark. Section 30 of the Trademark Act, 1999 lays down the guidelines and certain conditions which help you to understand whether it is a case of Trademark Infringement or not. These guidelines help the falsely projected infringers to use them as a defense while fighting a case against somebody in the court.
Below are the following conditions which do not amount to infringement of trademarks in India-
Trademark Infringement is a cognizable offense. One should not involve in the cases of infringement of trademark discussed above. The consequences of these ill activities may be severe. But don’t you worry our team at Enterslice conducts thorough research before registering any trademark. We follow the proper code and take appropriate measures for the hassle-free registration of the trademark. It is our responsibility to hand you over the smudge-free unique and distinct trademark.
For the getting, the trademark registered, or any information regarding it please contact Enterslice.
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