Trademark Infringement : Meaning, Case Filing Procedure and Legal Remedies

Updated on July 06, 2024 11:46:46 PM

A Trademark is a powerful tool that aids in distinguishing a brand from others and builds loyalty among consumers. But several times other individuals or businesses try to use authorised brand symbols or logos for their benefit. This kind of action is known as Trademark Infringement. Using the name of some established brand name or logo leads to confusion and misrepresentation among consumers and could harm the brand's reputation.

However, the brand grants several exclusive rights by the constitution through which they can protect their brand value. This article aims to explain the meaning of Trademark Infringement, the procedure of case filing and legal remedies.

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Understanding the Trademark and its Types

Trademarks are marks or symbols that represent the unique identity of a business or service. Patterns, names, symbols, marks, colour combinations, and designs can all be considered Trademarks.

According to section 2(zb) of the Trademark Act 1999, a Trademark is defined as “ a mark capable of being represented graphically”.

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Types of Trademarks

There are many different kinds of Trademarks, but the following most common ones are given with examples so that the applicant can register as the following:

  • Word Mark (TATA, BATA, etc)
  • Device Mark (Apple logo, Android symbol)
  • Service Mark (FedEx, amazon)
  • Collective Mark (Sony, Darjeeling tea, etc.)
  • Colour mark (Dairy milk’s packet colour)
  • Shape Mark (Coca-Cola bottle’s shape)
  • Sound mark (Nokia tune)
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What is Trademark Infringement?

When an Individual or Business uses any registered Trademark without the permission of the legal owner of the brand or the Trademark, that is known as the Trademark Infringement. This is an inappropriate way to use any registered Trademark, it leads to confusion and misrepresentation in the market. This Infringement violates the exclusive rights granted to the Trademark Owner.

Trademark Infringement is a serious issue. It harms a brand’s reputation and economic interest. To protect the authorised Trademark, the owner can take legal steps toward this Infringement and seek remedies to stop this inappropriate act.

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Types of Trademark Infringement

There are two types of Trademark Infringement. These are as follows:

  1. Direct Trademark Infringement: This type of Infringement occurs when someone uses a Trademark that is identical or remarkably similar to another person's registered Trademark without their permission. It leads to confusing the public regarding the origin of the goods or services.
  2. Indirect Trademark Infringement: When one person helps another person use a Trademark without authorization, this is known as indirect Trademark Infringement. Instead of directly using the infringed mark, the indirect infringer helps or encourages the actual infringer, frequently through distribution, production, or other supportive means, which could confuse customers.

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Process of Filing Complaint of Trademark Infringement

The step-wise process of filing a complaint of Trademark Infringement is given below:

Step 1:Analysing and Gathering Information

Analysing and gathering information is the vital step for filing a complaint against Trademark Infringement. It serves as a backbone of the case that proves the applicant’s side. To build a strong case, the applicant must collect information that clearly proves the violation or Infringement.

This evidence includes several things such as photographs, product labels, advertising materials, website screenshots, purchase records, Trademark Registration documents, communication records, marketplace listings, financial records, etc. This collection of data provides a thorough picture that is essential for proving any legal claim of Infringement.

Step 2:Seek a Professional Consultancy

As an applicant, you must seek a professional consultant from an expert Trademark attorney. They are specialists in dealing with such cases and provide a legal way to handle the Infringement act. Their advice can help you make decisions and can also alert you to potential risks and benefits.

Professional Utilities will be your best choice as a Trademark Attorney. It will help you with the careful planning of all necessary documentation along with providing legal advice, ensuring that your case is well-supported.

Step 3:Cease & Desist Letter

Before filing a complaint, the applicant or attorney (on behalf of the applicant) must send a Cease and Desist Letter to the infringer. The Cease and Desist notice is a formal letter that warns the recipient about outlawed activities that violate a legal authority's intellectual property.

The letter must be clear and in threatening-free language. It should include all the issues that could harm the applicant brand’s reputation. This serves as a warning and demands to immediately stop the misuse of the other's rights.

Step 4:Filing a Complaint

Even after sending a Cease and Desist Letter, if the infringer does not stop using the Trademark, the Trademark holder takes a step toward filing a complaint. At this stage, the owner files an application/complaint against Trademark Infringement in the District Court.

This application should include all important information and proof that supports your claim. To build a strong legal case against Trademark Infringement in court, it is crucial to make sure this application is comprehensive and well-prepared.

Step 5:Legal Procedure

Just After the filing complaint the judge first examines all the similarities or claims mentioned during the filing of the application/complaint. After examination, the judge will send the notice to both parties and conduct a hearing where they both get the chance to prove their side.

During the hearing procedure, the applicant and the third party (infringer) submit some documents as evidence. If the court is satisfied with the applicant’s evidence, they will make a judgement in favour of them; otherwise, the complaint can be dismissed as well.

Step 6:Final Judgement

The court gives its decision after hearing the arguments from both parties. This judgement establishes whether an Infringement came up and specifies any appropriate remedies or penalties.

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Documents for Filing Complaint against Trademark Infringement

Some common Documents list is given below that required for filing the complaint against Trademark Infringement:

  1. Trademark Registration Certificate
  2. Trademark’s Detailed Description (ex- Logo, Symbol, Slogan, etc.)
  3. Evidence of Trademark Infringement (ex-photographs, screenshots, brochures, or products)
  4. Data for loss to the company by Infringement
  5. Details of Goods and Services
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Punishment and Legal Remedies for Trademark Infringement

There are several Legal Remedies and punishments mentioned in the Trademark Protection Act, of 1999. Some of them are given below:

  1. An injunction, which is a legal order, can be issued by the court to stop Trademark Infringement. To stop ongoing Infringement of Trademarks, this is usually the main remedy.
  2. The party who violated the Trademark may be called to pay the owner of the mark for any profits they made from using it illegally as well as any losses the owner of the mark paid as a result of the Infringement.
  3. Courts have the power to order the seized and damaged products which contain Trademark Infringement. This makes sure they stay out of the market.
  4. The court can award a minimum imprisonment of 6 months and can exceed up to 2 years.
  5. Violators can also be fined between Rs 50,000 and Rs 2,00,000 by the court.
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Things to Avoid Trademark Infringement

To avoid Trademark Infringement the applicant or business must have some things in mind before using or registering a Trademark. Some of the points are as follows:

  • The Trademark must be distinctive.
  • Set up relevant classes for your products and services.
  • It should be simple to pronounce the Trademark.
  • A Trademark shouldn't be similar to another one or cause confusion.
  • Information should be current and accurate.
  • Hire professionals to assist you.
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Conclusion

Trademark Infringement is a serious breach of intellectual property. It impacts a reputable business or brand and harms its uniqueness in the marketplace. An owner of a Trademark must have a basic understanding of Trademark Infringement through which they can protect their brand identity. If a Trademark holder is stuck in this kind of Infringement case, they must seek a professional consultation that provides all the required information that helps to build a strong case against Trademark Infringement.

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Frequently Asked Questions

What is a Trademark?

Trademarks are designs or symbols that signify the distinctive character of a product or service. Trademarks can include designs, names, marks, symbols, colour schemes, and patterns.

What is Trademark Infringement?

Trademark Infringement is the use of a Trademark by an individual or a company without the prior approval of the brand's owner.

What is a Cease and Desist Notice?

The cease and desist letter is a formal letter that warns the recipient of illegal actions that violate the intellectual property of a legal authority.

How many types of Trademark Infringement?

There are two types of Trademark Infringement: Direct and Indirect Trademark Infringement.

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