Trademark Infringement in Indiaby Enterslice ITES Pvt. Ltd. Start and Manage Business
WHAT IS TRADEMARK INFRINGEMENT?
Trademark registration gives you the exclusive right to use it. You are the owner of your brand and no one has the right to use it and mislead the customers. However, if you are misusing the registered trademark, your trademark is Infringed. Yes, you read it correct that is ‘Infringement’ where the registered trademark is used by the third party without the permission of the owner. It creates the confusion in the mind of the customers.
WHAT CONSTITUTES THE TRADEMARK?
1. If the mark is similar or identical to the existing goods/ services which can cause a confusion in the eyes of general public
2. If the mark is used for advertisement purpose.
WHAT NOT CONSTITUTES THE INFRINGEMENT?
1. When a trade mark is used in accordance with honest practices in industrial or commercial matters
2. When use of the trade mark is not done for availing the undue advantage or harming the reputation of the trademark.
3. If the trademark is used to indicate the kind, quality, quantity etc in relation to goods or services.
4. If the trademarks are registered subject to certain conditions and limitations. Whenever the alleged infringement is under the ambit of those limitations, then it does not constitute to infringement of trademark.
5. Implied consent — Whenever the infringed use of a trademark is in the continuance of the permitted use by the original proprietor who has subsequently not removed or obliterated it, in such cases the use cannot be said to be trademark infringement.
6. If the registered trademark is used as a in relation to parts and accessories of the other goods/ services
7. If the Use of trademarks is identical or similar to each other
WHAT ARE THE REMEDIES AVAILABLE FOR TRADEMARK?
Under the trademark Act, civil and criminal remedies are available for protecting the plaintiff’s exclusive right of the trademark registration.
Under this the court can pass the Interim Injunction order for the appointment of local commissioner for search and seizure of the infringed goods/services and restraining the infringe from disposing of the goods/ services
Since Infringement of a trademark is a cognizable offence and criminal proceedings can be initiated against the infringes. Under the Act, In case of a criminal action for infringement of registered trademark the offence is punishable with imprisonment for a term of min six months and max three years and with fine of min INR 50,000 and max INR 200,000.
Created on May 9th 2018 05:25. Viewed 90 times.
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