Infringement of trademarks and its remedies in India

A trademark is a symbol or an emblem used to distinguish some goods and services from the rest of the market. Trademarks come under the gamut of Intellectual Property (IP) and the rights attached to them are precious commodities that cannot be tampered with. The insights on trademark registration in Ahmedabad will help you understand the importance of a trademark for your business.

This blog aims to explain what is called an infringement, who has the right to sue for an infringement and what are the remedies to it. Let us have a look at them one by one.

Infringement of Trademarks:

For an infringement, the registration of a trademark is compulsory. If a commodity or service is not 

registered under the Trademarks act and someone uses it for his benefit, it will not be called 

infringement. To start an infringement action, the following prerequisites must prevail.

1. The alleged infringement symbol must be similar or deceptively identical to the registered trademark.
2. The goods from which the infringement has taken place must be registered under the trademark.
3. The infringing mark is used with an intention to initiate a new trade.
4. The use of the mark has come into action as it was used as a trademark for some other property.

As per the trademarks act, the following actions are called an infringement of a registered trademark:

1. When the party has used the trademark for selling the similar goods and services for which, the
trademark has already been registered.
2. The trademark has been used for promotional purposes for similar goods or services, which is withering the distinguished identity of the original trademark.
3. Under the act, the oral use of the trademark is also considered as an infringement.

Who has the right to sue?

The proprietor who has registered for the trademark, his/her heirs and his/her legal representatives have the right to sue the alleged party for infringement. The assignee of the trademark can sue the other party for the infringement of the trademark.

Remedies for Infringement

1. Civil Remedies

When an infringement occurs, the court of the competent jurisdiction, which is lower than the District court has the right to grant Anton Pillar orders, interlocutory injunctions, damages, and account of profits.

2. Criminal Proceedings

Regardless of the kind of infringement and complaint against the alleged party, there are two ways to
deal with the case

• Civil remedy
• Criminal remedy

Under the civil procedure, the plaintiff asks the court to pay off for his loss and under the criminal
procedures, the plaintiff asks for punishment of the convict as an award for the infringement.

3. Administrative Remedies

If someone tries to register a relatively identical trademark, the registry can stop the new registration
and protect the earlier trademark that is already registered with them. In case, a similar trademark is
registered by mistake, the registry can be moved to remove the trademark.

Learn the procedures of the trademark registration in Ahmedabad and stay safe from these infringements of Intellectual Property.