What Is Trademark Litigation in India?

Narendra Kumar

24 May, 2019

Every registered trademark is a unique mark. If someone is trying to copy your logo or trademark, then you have the option to file a Trademark Litigation. But do you know what exactly trademark litigation is? Litigation takes place when a person, organization, or entity feels that his right has been infringed. In the case of a trademark also, you have the right to file a suit against a person who tries to copy your trademark. Trademark Litigation is the process of filing and keeping the actual right of the trademark if there are any illegal uses of one’s intellectual property. In this blog, we will discuss Trademark litigation in India Process and other necessary aspects of Trademark litigation.

What is Trademark Litigation?

Trademark Litigation is the legal process for the perfect resolution of trademark infringement cases. Moreover, these Trademark Litigations can be either domestic or International. Generally, through proper trademark litigation, you are able to protect your trademark.

What does Trademark Litigation involve?

The Trademark litigation Process involves

• Legal summons,
• Court hearings
• Summary judgment,
• Trial etc.

Trademark Litigation can be defined as one type of litigation that involves issues, matters, and dispute relating to trademarks. On viewpoint of ever-growing business competition and easier means of duplicity, Trademark Litigation is considered as one of the most and highly litigation form. Nowadays trademark litigation is one of the most general and very well-known types of trademark litigation. Through trademark litigation, anyone can get a safety and security in respect of misuse of the trademark by the third party.

Why the situation of Trademark Litigation arises?

In case someone copies your trademark or logo, then a registered owner has the right to file a claim for his registered trademark. For example – Dominos has its own registered logo or trademark and if someone wants to copy and infringe the logo of the Dominos, then Dominos has all the rights to sue the person who copied its logo. Dominos is authorized to file trademark litigation against that particular person or company.

Trademark Infringement Litigation

There are various types of litigation such as civil, criminal, labor etc. Moreover, trademark litigation is one of them. Under Trademark infringement litigation, any of the copied mark or misuse of a trademark can be opposed by the third party. If the trademark owner observes that his/her reputation or goodwill is affected or misused by anyone else, then in that circumstance he/she can bring suit for Trademark Infringement Litigation. Upon the filing of a suit for Trademark Infringement Litigation, a trademark owner is entitled to get a remedy against the infringer.

Trademark Litigation Basics

Trademark Litigation basics include all those steps and procedures which cover how to apply for and track the procedures for opposing the infringement of business marks. Under trademark litigation basics, an application requires to be made or filed to trademark examiner where the trademark owner produces and proves his/her evidence. Anyone can track the status of your trademark through the website of Intellectual Property India.

What are the Purposes of Trademark Litigation in India?

Trademark Litigation has various purposes. However, the main purposes of the trademark litigations are:

• Preventing all types of commercial misuses of any registered trademark.
• Providing a legal injunction to trademark owner also to take legal action against an infringer.
• Providing compensation to the owner of the registered trademark for the damages caused to him on account of infringement of his/her trademark.
• Protecting and promoting the legitimate rights of the trademark owners.

What you can claim under Trademark Litigation?

In Trademark litigation, anyone can claim for

1. Trademark infringement

Trademark infringement occurs when a third party or an infringer infringes the trademark of the owner. To establish trademark infringement, the owner of the trademark must show that he/she owns a valid mark and use of the mark by infringer confuses consumers in the matter of the source of goods and services. The primary focus of an infringement claim is the likelihood of confusion.

2. Unfair competition

Unfair competition is a deceptive or wrongful business practice that economically harms either consumers or business entities. Unfair Competition applies to dishonest or fraudulent rivalry in trade and commerce.

3. Trademark dilution

If the trademark is popular and is a registered brand, then only the trademark owner can claim for trademark dilution. For example, a famous trademark used by one company to refer to hair care products might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs.

What are the redressal mechanisms of Trademark Infringement?

Where a registered trademark of an owner is infringed, then numerous redressal mechanisms are available. A registered trademark owner is entitled to avail numerous steps against the person who tries to copy the trademark. The redressal mechanisms of trademark infringement are listed below:

• If a registered trademark is infringed or affects the trademark of the owner, then the owner can file a suit in a Court to recover the damages caused due to such infringement. The owner can demand compensation from the infringer
• Owner of the Trademark is entitled to take legal against the infringer.
• Injunctive relief must be claimed against the infringer of the trademark.
• The infringer is bound to pay the cost of legal proceeding to the trademark owner.

What are the difficulties for a registered owner while litigation?

An owner who applies for trademark registration can face so many obstacles.   The obstacles are discussed below:

1) Trademark Opposition

Trademark opposition in India comes at a stage after the trademark application gets approval from the Registrar and after its publication in the journal. Anyone can oppose the published trademark within a period of 3 months or it can be extended additionally for one month. The total period will then be 4 months beginning from the day it was published.

2) Trademark Objection

The Registrar is authorized to raise objections at the time of granting approval for trademark registration. The Registrar can object the trademark if he/she finds necessary to do so. The points of objection must be stated or informed to the applicant.  The objections need to be mentioned in the Trademarks examination report.

3)  Trademark Rectification

Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration.  A mark may be wrongly registered and same may be mentioned in the register, in such circumstances, the Indian Trademark Act provides provision for rectification of the wrongly registered trademark.

What is the trademark Litigation Process in India?

Trademark Litigation is the process of taking a trademark-related case through the Court which is similar to that of Civil lawsuits. Trademark Litigation Process involves:

• A registered Trademark owner in case of infringement of his/her trademark needs to file a trademark infringement lawsuit against infringer demanding injunction on infringing activities. A registered Trademark owner can file a lawsuit through a lawyer, attorney appointed in this behalf.
• The registered Trademark owner has to produce evidence to support his/her allegations against the infringer.
• The infringer is then informed about the lawsuit and he is also advised to give response for the accusation made against him.
• The Infringer is given the option of producing evidence to support his side.
• After examination of all the evidence produced by both the parties, a better judgment is claimed.
• If no proper resolution comes out then, the case enters into the trial phase for the best resolution.

Trademark Litigation Services

On behalf of our clients, we file a trademark infringement lawsuit at the appropriate court of law to offer justice to our clients in connection with their genuine trademark rights. The most important and noteworthy trademark litigation services in this connection are:

• Gathering evidence for a trademark infringement case
• Meeting the infringer and counseling him against the continuation of infringement activities.
• Filing of a lawsuit
• Representing our client in court
• Performing all legal formalities
• Offering advocacy in support of client during trial proceeding and hearing of the case.

Conclusion

With the rising list of companies, the need of trademark also rising at the constant rate, and same gives rise to trademark litigation. To come over with these trademark misuse and illicit acts, trademark litigation has been launched by the government bodies in order to safe and secure the business world. Trademark litigation claims arise when a company infringes and dilutes the trademark of the other company. Upon the filing of a suit for Trademark Litigation, a trademark owner is entitled to get various remedies against the infringer.

Enterslice is an award-winning company in respect of providing service of Trademark litigation. If you have any doubt about Trademark litigation, then kindly contact us.