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Oct 254 min read

How Can You Protect Your Business From Trademark Infringement

Trademarks Act Of 1999 Governs Trademarks In India. It Authorizes The Registered Owner To Use Its Trademark And Make Other Entities Use It In Return For A Payment. Any Registered Or Unregistered Owner Of A Trademark Has The Right Of Protection Of Trademark From The Unauthorized Use Of Trademark. It Provides Protection Against The Third Parties Who Use It Without Any Permission.

What Is Trademark Infringement


Infringement In General Terms Means The Breach Of A Duty. Trademark Infringement Occurs When A Person Uses A Trademark, Which Is Identical Or Deceptively Similar To The Registered Trademark Of Any Other Party. This Unauthorized Use Might Confuse The Customers. It Can Even Lead To Taking Advantage Of The Reputation Of The Registered Trademark. The Trademarks Act Provides The Guidelines For Examination, Registration And Renewal Process. It Even Provides Remedies In Case Of Trademark Infringement.


Types Of Trademark Infringement


Direct Trademark Infringement: In This, The Exploitation Of Exclusive Rights Of Registered Trademarks Is Done. It Is Done Without Any Authorization. There Are Several Elements Of This:


1. In Unauthorized Access, The Person Uses The Registered Trademark Without The Permission Of The Owner.

2. In The Identically Similar, The Trademark Of Unauthorized Person Is Deceptively Similar To The Registered Trademark. It Can Deceive The Customer As The Customer Can Get Confused That The Product Belongs To A Registered Trademark.

3. The Registered Trademark Is Protected Under Registered Trademark. The Issues Related To Infringement Of An Unregistered Mark Is Addressed By Using The Passing Off.

4.  In The Class Of Goods And Services, The Unauthorized Use Of The Mark Was Done With The Intention To Promote The Products In The Same Class As Registered Brands.


Indirect Trademark Infringement: No Specific Provision Deals With This. It Has Several Elements:


1. In Contributory Infringement, The Person Takes No Action To Avoid The Brand Infringement Even Though He Is Aware Of This. In This, The Person Contributes To The Direct Infringement.

2. In Vicarious Liability, If The Person Can Control The Actions Of A Direct Infringer But He Gains And Contributes From Such Infringement, He Will Be Said To Be Vicariously Liable. 



  • First Thing You Should Do To Protect Your Business From Trademark Infringement Is To Register Your Trademark With The Indian Trademark Registry. After The Registration, You Will Have Exclusive Rights To Use It In Relation To Your Products And Services. You Can Even Restrict Others From Using Your Trademark To Avoid The Confusion, Deception And Mistake.

  • It Is Also Important To Monitor The Marketplace To See The Unauthorized Use Of Your Trademark. You Can Conduct The Regular Searches On Online Marketplaces And In Regular Stores As Well.

  • If You Discover Any Unauthorized Use Of Your Trademark, You Should Take Legal Action Immediately. This Can Include Mailing A Cease-And-Desist Letter Or Suing For Infringement In Court.

  • If Your Business Has Been Operating In Other Countries, Then It Is Important To Register Your Trademark In Those Countries As Well. It Will Provide Protection From Infringement In Those Countries.


  • Remedies Against Trademark Infringement


There Are Two Types Of Remedies Against Trademark Infringement: Civil And Criminal Remedies.


  • Civil Remedies:


1. Injunctions: It Is Of Two Types. One Is A Temporary Injunction, Which Is Granted For A Temporary Period Of Time Stopping The Infringer From Using The Trademark. The Other One Is Permanent Injunction, Which Prohibits The Infringer Permanently From Infringing Your Trademark.


2. Damages: These Are The Compensation Awarded For The Financial Or The Reputational Losses, Which Are Suffered Due To Infringement. These Are Of Two Types: Actual Damages That Includes Reimbursement For Quantifiable Losses And Additional Damages, Which Includes Compensation For Intangible Losses Like Damage To Goodwill.


3. Account Of Profits: An Order Compelling The Infringement To Reveal And Return All Earnings Obtained From The Infringing Use Of Your Trademark.


4. Destruction Of Goods: The Court Has The Power To Order The Disposal Of Infringing Products In Order To Remove Them From The Market And Protect The Trademark Owner's Mark.


5. Legal Cost: The Court May Award Attorney's Fees, Requiring The Infringers To Reimburse The Trademark Owner For Any Expenses Incurred While Protecting The Trademark Through Litigation.


  • Criminal Remedies:


1. Imprisonment: The Person Infringing The Trademark Of Any Other Person Would Be Liable To Imprisonment For At Least 6 Months Extendable To 3 Years.


2. Fine: The Infringer Can Be Made Liable To Pay A Fine From Rs 50,000 To Rs. 2,00,000.

Trademark Infringement Is A Serious Offense That Can Destroy Your Company's Brand And Goodwill. Therefore, It Is Critical To Take Aggressive Efforts To Preserve Your Trademark Rights In India. By Registering Your Brand, Monitoring The Market, And Taking Legal Action When Necessary, You Can Protect Your Intellectual Property And Prevent Others From Using It Without Permission.


For Any Legal Help, Contact Lead India. We Offer Free Online Legal Consultation As Well As Other Legal Services. On Our Platform, You Can Talk To Lawyers. You Can Freely Ask Any Legal Question. We Provide The Solutions To Your Legal Problems.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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