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Do you want to file for Trademark Infringement?
Or you received the Trademark Infringement Notice?
IF YES, GO ON READING BELOW
Trademark Infringement is the unauthorized use of a trademark in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services under the Trademark Act, 1999. The term deceptively similar here means that when an average consumer looks at the mark, it is likely to confuse customers of the origin of the goods or services.
The main purpose of a trademark infringement is to help owner of trademark secure the mark of a particular good or service. The brand helps people determine the quality and consumers usually make their purchase decisions on quality aspect. This is why a trademark infringement is of extreme importance for all trademark owners.
It is imperative to protect your mark from misuse and infringement by others. Before stepping into the legal procedures, it is always better to find out whether infringement nature is direct or indirect which will further make the roadmap for the TM Infringement. The infringement of a trademark is a cognizable offence which means that the infringer may also face criminal charges along with civil charges. The owner also gets the monetary relief for the amount they suffered loss.
The legal procedure involves many stages right from serving the TM Infringement Notice to finally getting the below remedies:
There is legal repercussion to the infringer as well in criminal proceedings and the court may award the following punishment:
Trademark infringement in India is defined under Section 29 of the Trademarks Act, 1999. Simply put, when an unauthorized person uses a trademark that is 'identical' or 'deceptively similar' to a registered trademark, it is categorised as TM Infringement. Below are some of the Features and Benefits to help you understand why this carries utmost importance:
Trademark Infringement is the unauthorized use of a trademark in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services under the Trademark Act, 1999.
As a trademark owner, you can serve notice to the infringer to ask them not to infringe. If it continues and they do not bother to stop this malafide intention, you can also take the route to legal course of action and get damages.
Not giving infringement notice by the Trademark Owner can land their business loose clients and find themselves in troubles. You lose the credibility soon and soon your customers too.