What Is Trademark Infringement? Trademark registration gives you the exclusive right to use it. You are the owner of your brand and no one has the right to use it and mislead the customers. However, if you are misusing the registered trademark, your trademark is infringed. Yes, you read it correct that is ‘Infringement’ where the registered trademark is used by the third party without the permission of the owner. It creates the confusion in the mind of the customers. What Constitutes the Trademark infringement?
What Are the Remedies Available For trademark infringement?
Under the trademark Act, civil and criminal remedies are available for protecting the plaintiff’s exclusive right of the registered trademark Civil Remedies: Under this the court can pass the Interim Injunction order for the appointment of local commissioner for search and seizure of the infringed goods/services and restraining the infringe from disposing of the goods/ services Criminal Remedies: Since Infringement of a trademark is a cognizable offence and criminal proceedings can be initiated against the infringes. Under the Act, In case of a criminal action for infringement of registered trademark the offence is punishable with imprisonment for a term of min six months and max three years and with fine of min INR 50,000 and max INR 200,000. Click here to know more about this
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7/6/2023 11:40:55 am
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