What is Trademark Infringement

What is Trademark Infringement

Blog Article

When someone or a company uses a trademark that is confusingly similar to a registered trademark without the legitimate owner's consent, it is considered trademark infringement. The goods or services for which the original trademark is registered must be the subject of this unauthorised use, and it must have the potential to mislead, confuse, or mislead customers.
In India, trademark infringement is governed by the Trade Marks Act of 1999. The owner of a registered trademark has the exclusive right to use the mark for the goods or services it represents. When someone else uses a similar name, logo, or slogan that misleads customers or diminishes the brand's value, it is considered an infringement.
A common example of trademark infringement is the use of a brand name or logo that closely resembles a well-known trademark.
copyright goods under a well-known brand

copying slogans, colours, or packaging to deceive consumers

registering domain names that are exact duplicates or confusingly similar to well-known trademarks

Available Legal Remedies:
If there is infringement, the owner of the trademark may:

To prevent the unauthorised use, file a civil lawsuit (injunction).

Seek restitution or damages for any losses sustained.
Request that copyright goods be seized or destroyed.

In extreme situations involving deliberate misuse, take criminal action.

The owner of the trademark must demonstrate both the validity of their mark and the confusing similarity and commercial use of the infringing mark in order to establish infringement.

In conclusion, trademark infringement deceives customers in addition to hurting companies. It can have major legal repercussions and is a breach of intellectual property rights. Companies should keep a close eye on their brand assets and act quickly to safeguard their reputation and trademarks.