What is Trademark Litigation?

Ashish M. Shaji

26 Dec, 2020

Trademark Litigation is the legal procedure for the perfect resolution of Trademark infringement cases. These Trademark infringement cases can relate to any occupational fields in the broad sectors of professions, business and commerce, industries, and services. Moreover, as an applicant, you may file / defense Trademark litigations on the domestic or international level.

What is the purpose of Trademark Litigation?

The most common purpose of the trademark suit is to place a legal injunction on all infringement activities by the court of law, together with drawing due compensation from the one from whom the damages caused to the owner of the registered trademark.

It may be noted that the trademark lawsuit^[1] process involves legal summons, presenting evidence in one’s support, court hearings, summary judgment, or legal trials and much more.

Trademark Litigation: Principle Source of Law and Regulation

National Statues-

In India the primary source of law that governs Trademark is the Trade Marks Act 1999. This along with the Trademark Rules 2017 form comprehensive regulatory regime. The Trade Marks Office has issued an official guideline which govern various aspects of trademark law.

Judicial Precedent-

The decision made by the courts in India contributes tremendously to the development of trademark law. High courts decision are binding on lower courts which form an essential source of law. Trademark registrar decision and Intellectual Property Appellate Board also contribute to trademark law in India.

International Treaties-

Other sources of law include the international treaties and conventions.

Damages in Trademark Litigation

There are various forms in which the damages are awarded in a trademark litigation. These include:

• Actual/Compensatory Damages;
• Punitive Damages;
• Nominal Damages.

Actual/Compensatory Damages reflect the actual cost caused due to infringement whereas Punitive Damages is a type of compensation that is granted if the court is of the opinion that compensatory damages amount is not proportionate to the extent of misconduct by defendant. Nominal Damages are awarded for an early resolution of a dispute.

Trademark Litigation: Appeals

Appeals can be filed against final judgement or against interim orders-

Anyone can file an appeal against final judgement in appellate court. A second appeal can also be filed if substantial question of law is involved before a higher appellate court.  

Parties may also appeal against any interim order but it should be permitted under the Civil Procedure Code. Appeals against interim orders are resolved reasonably quicker as opposed to final judgements.

Trademark Litigation: Costing

In trademark litigation costs like attorney fee can be recovered after first instance decision however an award of costs is subject to discretion of courts. Costs may vary as per court fee, length of a trial, etc. Courts may require parties to submit an estimate of costs that is expected to be incurred during trial. This helps court to determine the number of costs to be paid.

Trademark Litigation Services

As far as the Trademark litigation is concerned, our well-informed and adept Trademark attorneys and litigators offer the full range of legal and helpful services right from the beginning to the end of the litigation process.

The most important services in this connection are-

• Gathering evidence for alleged Trademark infringement case;
• Meeting the infringer and counselling him against the continuation of infringement activities;
• If necessary, then filing the lawsuit for trademark infringement,
• Representing our client in the court of law, performing all legal formalities and processes;
• Offering rigorous advocacy in support of our client during court hearings and trials.

Note:

Trademarks and service marks are registered under TRIPS Agreement.

Conclusion

Trademark registration is vital as it would help you in case of trademark litigation. No one would want to be entangled in such litigation for longer periods therefore make sure you seek the assistance of a professional before you apply for trademark registration.

Read our article:Trademark as an Asset for MSME