Trademark Infringement : Meaning, Case Filing Procedure and Legal Remedies

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.

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.

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

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.

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.

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.