The Trademark Act of 1999 aims to grant the brand owner an exclusive right to use the brand name. Here's everything about the infringement of the trademark.
The brand logo and name are registered under the Trademark Act of 1999 to protect the brand name and the value created. In the event of deceptive use of the brand name or logo, the Act allows the brand owner to sue the person using the brand name.
Infringement of trademark is the unauthorized use of a brand mark, and trademark infringement is punishable under the Act.
Let's get in-depth and understand more about trademarks and their infringement.
Understanding trademark
A trademark is a phrase, distinctive symbol, or word used by an individual, business organisation, or legal entity.
Brand owners use a trademark to distinguish the service and source of products of a brand to consumers, as well as to differentiate a brand's product and services from other similar products in the market. The ® symbol denotes trademarks that have been registered.
The need for trademarks to represent goods and services can be approached in three ways:
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Assisting consumers in identifying the source
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Assisting consumers in determining the quality
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Assisting customers in making the best purchasing decision
Protecting trademark enforcement and misuse is critical if any of the values get added to the trademark of products or services.
What exactly is trademark infringement?
The Trademarks Act of 1999 protects trademarks. The Trademark Act, 1999, contains provisions dealing with trademark protection, registration, and penalties for infringement in India (More on what is the punishment for infringement of trademark below).
Trademarks are considered intellectual property all over the world. The Indian Patent Office is the organization in India that works to protect trademarks, and the Controller General of Patents, Designs, and Trademarks administers the Indian Patent Office.
In simpler words, trademark infringement is the unauthorized use of a mark by an unauthorized person that is identical or deceptively similar to an already registered Trademark.
The term "deceptively similar" refers to the fact that when a common consumer looks at the mark, it will be confused with the other registered trademark. As a result, the registered Trademark product and services will be affected by this confusion.
Infringement of trademark provisions primarily focuses on three main objectives of any person who uses a registered trademark but is not the registered trademark user. The three main goals are as follows:
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Endangering the reputation and distinctiveness of a registered trademark,
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The intention to use a trademark despite knowing that such use is illegal, or
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Having a dishonest intent to take unfair advantage.
In addition, an advertisement can cause trademark enforcement. The advertisement should take unfair advantage of the registered trademark while harming its reputation and uniqueness. Trademark infringement occurs when the visual representation and spoken use of certain words affect the uniqueness of a registered trademark.
What is the punishment for trademark infringement?
In India, trademark infringement is a punishable offense, which means the infringer may face criminal and civil charges. Trademark registration is also not required by Indian law for the institution of civil or criminal proceedings. As previously stated, it is due to the common law principle of passing off.
The court may award the following remedies in cases of trademark infringement or passing off:
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Temporary restraining order
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Injunction for life
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Damages
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Destruction of goods bearing an infringing trademark
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The expense of legal proceedings
The court imposes the following punishment in the event of a criminal proceeding:
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Jail time for not less than six months and a maximum of three years
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A fine of not less than Rs 50,000, which may get increased to Rs 2 lakh.
When does it not constitute trade infringement?
Section 30 of the Trademarks Act of 1999 establishes certain conditions for no trademark infringement. The alleged infringer may raise the requirements specified in Section 30 as a defense. The following are the terms:
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When a person uses a registered trademark per fair trade practices in commercial or industrial matters;
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When the use of a registered trademark is not done to gain an unfair advantage or to harm the distinctive character or reputation of the trademark;
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When two or more trademarks are used in the same way
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When a trademark is used concerning accessories and parts
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When the original owner of the registered trademark permits using the trademark, the user cannot get accused of trademark infringement.
To Conclude:
In India, there is a growing awareness of the importance of protecting brand names through registration. The owners remain unconcerned about the unauthorized use of their registered trademark for their products and services. Internal violations occur from time to time within the company, resulting in a decrease in the product's brand value. Trademark registration is required for products and services to protect the brand from infringement of trademark.
