Overview
Trademark infringement is defined as the unauthorized use of a trademark or mark. This use can be in connection with goods or services and may lead to confusion, deception, or a misunderstanding about the actual company a product or service came from. Trademark owners can take legal action if they believe their marks are being infringed. If infringement of a trademark is proven, a court order can prevent a defendant from using the mark, and the owner may be awarded monetary relief.
It's a big problem when someone uses a brand name that’s the same or very similar to another brand. This is called trademark infringement and it can be confusing for customers. It's really important for companies to know about this and make sure it doesn't happen.
Procedure
1. Procedure Under Criminal Law:
- File an FIR against the infringer. If the police refuse to file a FIR, you can file a complaint with the magistrate.
- After the registration of the FIR or the passing of the magistrate's order, a trademark investigation begins. The law will seize the products if your TM infringement grounds are correct.
- Criminal remedies against brand logo infringement allow the applicant to file a case against unknown individuals.
2. Procedure Under Civil Law
A case under Section 134 of the Trademark Act can be filed in the District Court in case of Trademark Infringement; the jurisdiction of the district court shall be there where the Head Office of the plaintiff is located or the place where the cause of action has arisen. For suit under Section 134 of the Act, Section 20 of CPC doesn’t apply to the filing of such a lawsuit.
The court, if thinks appropriate, can pass the following order:
- An injection under Order XXXIX of CPC or under Section 36 to 42 of Specific Relief Act, which will be restraining the extra use of the infringing Trademark;
- Devastation or erasure of infringing labels;
- Damages of Accounts of Profits.
Penalties or Punishment for Infringement of Trademark:
The infringer can face civil as well as criminal charges for the same.
- Imprisonment for the minimum period of 6 months which can extend up to 3 years.
- The infringer may end up paying a fine ranging from Rs.50,000 to Rs.2,00,000 on the infringer. However, apart from these serious punishments, the court can also order a temporary and permanent injunction, the destruction of goods with infringed trademark, compensation for damage, and the cost of legal proceedings.
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