Trademark infringement

Infringement of a trade mark when a third party uses a registered trade mark without permission on goods or services that are the same as the ones on the register.

Infringing on trademarks and copyrights can be both a crime and a civil wrong for which you can be sued.

Possible trade mark infringements in India

The Trade Marks Act 1999 lists the following trademark violations:

Section 29: Infringement of registered trade marks

A third party uses a mark that is the same as a registered trademark and puts it on goods and services that are the same. It must be copied without any changes. Even small changes that an average consumer wouldn’t notice will be considered the same for trademark infringement.

When (a) an unauthorised third party puts an identical registered trade mark on similar goods and services or (b) a similar trade mark on identical or similar goods and services, creating confusion about where the goods or services came from and the possibility of an association between the two trademarks.

When a third party who is not authorised to do so uses an identical or similar trade mark on goods or services that are not the same as the registered trade mark, this gives the third party an unfair advantage and hurts the registered trade mark’s reputation.

Also, a sign used in the “course of trade” infringes on a trade mark with a good reputation. This happens when a trademarked sign is used on goods or services that are the same as or similar to the registered trademark to get an unfair advantage over the registered trademark.

Taking care of a trademark infringement

Iprinn trademark advocates trademark team are experienced if someone has violated your trademark registration. We can take action to stop someone from breaking your trademark, or we can talk with people about licensing your brand on your behalf.

Most trademark disputes between businesses are handled by civil law. But with the help of the police, we can help you take legal action against someone who stole your intellectual property.

For a free consultation on trademark infringement

Feel free to contact our office for trademark infringement and licensing at +91 9379 436201 or +91 9449 063003