Trademark Infringement








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Trademark Infringement in India: Case Filing, Fee, Procedure, and Punishment


Updated on December 09, 2021 12:36:30 PM

Trademark Infringement is a violation of trademark owners' rights when used without their consent or authorization. Infringement means when one party uses a similar trademark, which could lead to public confusion about the product or service. The trademark owner has the right to file a case against the infringer for their trademark.

How can a case for trademark infringement be filed, what is its fee and procedure, and what punishment is defined under the law for such offences? We will explain all these questions in detail along with all those cases that also consider under trademark infringement.


What is Trademark Infringement?



Infringement of trademark means using a registered trademark on/with products and services in a manner that leads to confusion and deception about its source by any unauthorized person commonly called infringer.

Trademark is a word, symbol, sign, a phrase that differentiates its product and service from others of the same kind. A trademark reflects the source and symbolizes a mark for quality and trust among the public. Trademark infringement happens when an infringer uses it without the permission of its owner for commerce or to deceive the common public and create confusion with the registered trademark. It results in a loss of finance and goodwill to the business.

For example, the bitten apple logo is the registered trademark of the company, Apple. When another company uses a similar logo on their products and service, it is considered trademark infringement. Either be used on the same type of products (electronics) or even on different ones like clothing. Then also, it would be an infringement if it confuse the public, and they might consider purchasing the cloth under the impression of being sold out by Apple.

There is strict punishment for those infringers under the law. But before that, we should know about the types of infringement in India. Trademark infringement can be done in two ways. Let's discuss it.

Types of Trademark Infringement



1. Direct Infringement

Section 29 of the Trademark Act, 1999 lays down the law related to direct infringement of the trademark. As per the law, direct infringement has been defined as in the following cases:

  • Similar or Deceptive: If the trademark is identical to that registered trademark or somehow creates confusion in people's minds with the registered one, it also falls under direct infringement.
  • Used without Owner's Permission: If the use of a registered trademark has been done without the owner's authorization.
  • Use of a similar trademark in the same class: For the infringement of the trademark, the unauthorized use of the mark has to be used for the propagation of goods or services that fall under the same class of the registered trademark.

2. Indirect Infringement

  • Vicarious Infringement: When a person can control the actions of a direct infringer to infringe, then it is said to be vicarious infringement.
  • Contributory Infringement: Cases when the person either knows of the infringement, contributes to direct infringement, or influences the principal infringer for direct infringement come under contributory infringement.

Cases of Trademark Infringement



Infringement of trademark not only happens when an unauthorized person uses your registered trademark without your permission but also some special cases fall to this category. Trademark Infringement can happen in any of the three cases of trademark registration:

Penalties or Punishment for Infringement of Trademark



In India, trademark Infringement is a cognizable offence (cases where police have authority to arrest without a warrant). The infringer can face civil as well as criminal charges for the same.

{Note: The infringer will also be accountable for punishment in case the trademark they use is not yet registered.}

Documents Required for Filing Trademark Infringement Case



Before applying to trademark infringement, make sure to have the following documents with you:

  1. Copy of Advertisement of your trademark in the journal.
  2. LPC (Legal Proceeding Certificate) of Trademark by the Registrar
  3. Trademark Registration Certificate
  4. Data for loss to the company by infringement

Procedure of Filing Suit for Trademark Infringement



Step 1: Suit against Infringement

The first step in case of your infringement of a trademark is to file the application against the use of your trademark in the district court. The application must contain all the important facts and data of your case.

Step 2: First Hearing

On receiving the suit, the judge first observes the suit and issues notice to the opposite party for a second hearing after verifying all the details and documentation.

Step 3: Court Fee

The court fee must be submitted before the date of the second hearing.

Step 4: Second Hearing

In the second hearing, both the parties contest their case and provide suitable arguments and proof supporting their claims. If the court is satisfied with its arguments, it may release a final judgment or give a date for the next hearing in the court.

Step 5: Final Judgement

After the argument of both parties, the court releases its final judgment. The remedies or punishment are decided by the court. The punishment in infringement cases is already discussed above in detail.

{Note: Always remember that before proceeding with the suit, send notice to the infringer and if no response is received from their end then only initiate the proceedings in the court.}

How to Avoid Trademark Infringement?



How to File case against Trademark Infringement with Litem?



With Litem, you can get advocates who are well experienced to deal with intellectual property-related matters. The years of experience and expertise can very well guide you with your case. The process to get in touch with an advocate is quite simple with us:

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Frequently Asked Questions



 What is trademark infringement?

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