Trademark Infringement: Secure your Brand

Introduction

A Trademark is an essential symbol or mark which represents a business in the marketplace and gives a standout image. But in this competitive era, there are high chances to get a trademark infringement and some other individual or entity starts selling the same product and service by using a registered trademark which is generally known as Trademark Infringement. This infringement can cause several monetary and reputation damage by selling and approaching the wrong product to consumers on the name of a registered trademark. Therefore, every trademark owner must have the complete understanding of the Trademark Infringement and their suit filing process which can be helpful to secure our brand repo. In this article you will get a comprehensive understanding on Infringement including its meaning, types, penalties, remedies and stepwise process to file suit against Trademark Infringement. Connect with Bizfoc to ensure hassle-free trademark registration and dealing Trademark Infringement.

What is Trademark Infringement?

When any individual or entity uses a trademark which is similar or identical to a registered and reputed brand without the owner permission called Trademark Infringement. In simple words, violating the exclusive rights of a trademark known as Infringement of Trademark for this the infringer may face monetary and other legal penalties. This infringement can be done by using any similar or exact logo, word, phrase, design or combination of these elements. Unauthorized use of a trademark can lead confusion among the consumer and may also harm the brand reputation by serving wrong products and services in the marketplace. Here, Section 29 of the Trademark Act, 1999 offers legal protection against infringement of trademark.

Types of Trademark Infringement

Trademark Infringement can be done by two ways such as Directly and Indirectly. Know it thoroughly here:

Penalties for Remedies Trademark Infringement

Trademark Infringement considered as an cognisable offence in India where the infringer can face civil charges along with the criminal. In situation of Trademark infringement or passing off, the court may awarded by these following penalties or remedies:

Civil Remedies

• Temporary and Permanent Injunction: The court can order for immediately stopping the infringer from using registered trademark until the court decision and they can also order for permanent injunction in which they cannot use authorised mark for their use.
• Compensation on Damage: The court may order for compensation to the trademark owner for their financial and reputational loss due to infringement.

Criminal Remedies

• Imprisonment: Due to Infringement if the brand has lost their reputation and someone has harmed due to this infringement, the infringer may get 6 to 3 years of imprisonment as punishment.
• Fine: The infringer may pay ₹50,000 to ₹2,00,000 as penalty.

How to file suit for Trademark Infringement?

Under the Section 134 of Trademark Act, 1999 the registered trademark owner has the right to file suit against Trademark Infringement before a District court/ High court. The complete stepwise process for filing suit for Trademark Infringement is as follow:

• Step 1: The registered trademark owner can send a legal notice (which is generally known as “Cease & Desist Letter”) before filing a trademark infringement suit. The cease and desist letter is a formal notice to warn the infringer about the outlawed practices.
• Step 2: If the infringer does not stop using or selling their product on the registered mark, the authorized trademark owner can go for the Trademark infringement suit in the appropriate court. The complaint must have attached all the relevant facts, documents and proofs which are required otherwise there are high chances of rejection.
• Step 3: After receiving a complaint the judge will review the suit and issue notice to the infringer for hearing.
• Step 4: In the hearing both parties have equal opportunity to present their argument and evidence.
• Step 5: After getting all the situation and evidence from both parties, the court will issue a final judgement. Here the court can decide on remedies or punishment according to the damage due to infringement.

How can Bizfoc help you in Trademark Infringement?

Bizfoc is a team of professional experts of trademark with 5+ years experience. We offer comprehensive services from trademarks. Whether filing a trademark application or sending cease and desist notice for securing your brand all your needs are complete here. Our client-centric approach encourages us to provide a thorough guidance on each stage that assures a smooth and error-free registration process. We believe in transparent and competitive prices with no hidden charges.

Conclusion

Registering your trademark ensures that your brand is recognized, that your products or services are distinguished, and that you are legally able to exploit it. But many infringers can use your brand reputation for their benefits therefore stopping their usages are crucial to save brand image in the marketplace. Filing suit against trademark infringement plays an important role for securing the brand. But sending a cease & desist notice to infringer or handling hearing can be a very hassle and complex process. Therefore having professional guidance makes it more simpier to manage all the court hearings and securing brand repo in the marketplace.

Frequently Asked Questions