Last updated: March 19th, 2024 6:26 PM
Trademark Infringement in India: Types, Penalties & Defences
Trademark infringement is the unauthorised use of a trademark or service mark, often leading to confusion about the source of goods or services. Companies can achieve brand recognition and value through their trademarks as they distinguish their products or services. So, the trademark owner must file a case against the infringer or respond properly to the trademark infringement notice to protect their place in the marketplace. In this article, you can learn about the various aspects of trademark infringement, such as types, penalties, cases & remedies, etc. IndiaFilings offers expert guidance to tackle your trademark infringement notice!! [shortcode_89]What is Trademark Infringement?
Trademark infringement occurs when a person uses a trademark identical or deceptively similar to another party's registered trademark. It could be a unique symbol, logo, word, phrase, design or combining these elements to represent the goods and services offered by the company. This unauthorised use can confuse consumers and take advantage of the reputation of the registered trademark. With the proper evidence and guidance of a legal professional, the company can protect their trademark. In India, the Trade Marks Act 1999 offers the legal protection for trademarks. This Act outlines the framework for trademark registration with the guidelines for examination, registration, and renewal process. In case of infringement, it provides remedies for trademarks like injunctions, damages, and accounts of profits.Types of Trademark Infringement
You can find two types of trademark infringement in India: 1. Direct Infringement and 2. Indirect Infringement.Related Guides
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