Facebook-f Icon-linkedin Instagram Youtube Twitter
Login
0
0 items
No products in the cart.

Trademark Infringement In India

No more delays or difficulties! Register your business with India’s #1 provider of business incorporation services. Get a 7 day Guaranteed document upload to the MCA or receive a full refund T&C* 

Today’s Offer

₹5,999  ₹1,999

Please enable JavaScript in your browser to complete this form.
Lowest Rate Guarantee

What Is Trademark Infringement?

Trademark infringement is the unauthorised trademark use that will likely confuse consumers. A trademark is a word, phrase, symbol, or design used to identify and distinguish the goods or services of one party from those of others.

To be considered trademark infringement, the trademark’s unauthorised use most likely cause confusion among consumers. This means that consumers must be likely to believe that the goods or services offered by the infringer come from the same source as those offered by the trademark owner.

There are a number of ways in which trademarks can be infringements, including:

  • The use of a similar or identical mark,
  • The use of the mark in a way that may lead to confusion, or
  • The use of the mark to deceive consumers.

Types of Trademark Infringement

There are three main types of trademark infringement:

Direct Infringement

This occurs when someone uses a trademark without permission from the trademark owner.

Contributory infringement

This occurs when someone knowingly helps someone else to infringe on a trademark.

Vicarious infringement

This occurs when someone has the right and ability to control someone else’s use of a trademark and benefits from that use.

Who Can Initiate Proceedings for TM Infringement?

  • Any entity that owns a trademark can take legal action for trademark infringement
  • The entities that can initiate proceedings for trademark infringement include individuals, businesses, and organisations
  • A registered trademark owner may license the use of the trademark to others
  • Licensees may have the right to initiate legal action for trademark infringement if their rights under the license agreement are violated
  • An organisation representing a group of individuals or businesses may own a collective mark or certification mark
  • Such an organisation may have the right to initiate proceedings for trademark infringement on behalf of its members
  • The trademark owner or the owner’s authorised representative has the ultimate authority to initiate legal action for trademark infringement.

Documents required

  • PAN Card of Directors
  • PAN card of all partners.
  • Address proof of all partners.
  • Utility Bill of the registered office
  • A No-Objection certificate from the landlord
  • A copy of the rental agreement.
  • Get your DSC
  

Platforms where trademark infringement may occur

  • Online marketplaces: As mentioned above, popular online marketplaces such as Amazon, eBay, and Alibaba and many more are common places for trademark infringements to take place by different sellers.
  • Social media platforms: Social media platforms such as Facebook, Instagram, and Twitter are also common places for trademark infringement to occur, as individuals and businesses may use your trademark or brand name without permission.
  • Stand Alone Websites: Infringing stand-alone websites create copycat products and aim to deceive customers by using similar naming and designs to legitimate websites. They can divert traffic and sell unauthorised replicas. Trademark owners need to be watchful and take legal action, such as sending cease and desist letters, to protect their brand and rights.

Timeline

Free Consultation and Documentation
  • Our Expert team resolve your queries. Our consultation is completely free.
Action Required by you
  • You Need to fill up the draft, Make Payment and Submit Documents to Khata Dekho
Action By Khata Dekho
  • Once the Documents are uploaded we’ll start the step -by-step process of Incorporation

Frequently Asked Questions (FAQs)

If someone infringes on your trademark, you can take legal action against them. This could involve filing a lawsuit in court, seeking an injunction to stop the infringement, or demanding damages.
The specific remedies available to you will depend on the circumstances of the case. However, the most common remedies are:

  • Injunction: This is an order from the court that stops the infringer from using the trademark.
  • Damages: This is compensation for the losses caused by the infringement.
  • Account of profits: This is an order from the court that requires the infringer to account for all of the profits that they made from the infringement.
  • Delivery up: This is an order from the court that requires the infringer to deliver up all of the infringing goods.

There are a number of defences that can be raised against a claim of trademark infringement. Some of the most common defences include:

  • Fair use: This allows the use of a trademark for purposes such as criticism, commentary, or news reporting.
  • Comparative advertising: This allows the comparison of one product with another, as long as the comparison is fair and accurate.
  • Innocent infringement: This occurs when someone uses a trademark without knowing that it is already registered.
  • Consent: This occurs when the trademark owner has given their consent to the use of the trademark.
The trademark infringement case can be filed in the court where the infringement took place or where the infringer is located. In India, the trademark infringement case can be filed in the High Court or the District Court.

The common law for trademark infringement is a set of legal principles that have developed over time through court decisions. These principles provide guidance on what constitutes trademark infringement and the remedies available to trademark owners.
The common law for trademark infringement is based on the principle that trademark owners have the right to prevent others from using their trademarks in a way that is likely to cause confusion among consumers.

The punishment for trademark infringement can vary depending on the circumstances of the case. However, the most common punishments are:

  • Imprisonment for up to three years, or
  • A fine of up to Rs. 20 lakh, or
  • Both
    The punishment can be higher if the infringement is willful or if it causes significant damage to the trademark owner.

LLP Annual filing includes following components: Annual Return Statement of the Accounts or you can say Financial Statements of the LLP Income Tax Returns Filings.

Yes, a Statement of Accounts and Solvency form must be done by LLPs annually and sent to the Registrar.

You must keep in mind that an LLP has to be registered with the Registrar of Companies (ROC). Additionally, every LLP has to have its own registered office. Partners must send an incorporation document to the Registrar, when needed and in the right format. The contents of the LLP also have to be filed in the registration form. These are some of the most important tips to keep in mind when wondering how to register a company.

There are a number of things you can do to avoid issues like trademark infringement, such as:

  • Register your trademarks with the Indian government.
  • Use your trademarks consistently.
  • Monitor the market for potential infringers.
  • Take legal action against infringers promptly.
    By following these tips, you can help protect your trademarks and avoid the legal and financial consequences of trademark infringement.

Our Trusted Clients

BLOGS