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Sep 9, 20234 min read

Complexity Of Trademark Cases

Unauthorised use of a trademark, such as by using an almost similar mark, or a similar tagline on rival or related goods and services is known as trademark infringement. An infringement shall occur only in the case of a registered trademark. It shall be a violation of the exclusive rights to use marks related to trademark without the consent of the owner or any licensees. Having a registered trademark denotes the corporation’s ownership of the design and also symbolises the reputation of a company or brand. The illegal usage of such goodwill by false trademark is known as trademark infringement.

The article below discusses the various scenarios where an infringement of the trademark could take place as well as the various remedies against such acts. However, to ensure that you do not face such problems in the future, it is advised that you have your trademark registered, also for further information on the subject, you must seek proper legal guidance from an experienced international trademark lawyer.

Acts leading up to to trademark infringement-

Section 29 of Trademark Act of 1999, provides for provisions pertaining to trademarks. Mentioned below are the situations which amount to trademark infringement-

  • A registered trademark is a distinctive mark or sign, such as a logo, slogan, word, or taste, that a person, company, or business owns by complying with legal conditions which have been provided under The Trademark Act of 1999. Trademarks which are not registered are not normally actionable.

  • Used in the course of trade- The infringement of trademark would not apply to non-commercial use of a trademark as in such a situation, there shall be no benefit to the user and no harm would be done to the company’s brand or financial value.

  • Similarity and IdentityU- For the act to be considered as trademark infringement, the mark, logo, slogan, etc., used have to be identical to the original trademark.

  • Confusion in consumers’ minds- A confusion in the minds of consumers must be caused by such a product or service. It shall be trademark infringement even when the consumer is aware that a product or service is a copycat, however chooses it anyway due to similar appearance as well as the fake brand value attached to the product

  • Unfair advantages- Gaining profit by using the name, resource, etc. of another company or business shall be known as an unfair advantage or an illegal gain. A person would risk gaining unfair advantage when he or she uses a registered trademark as their business name or part of it.

  • Packaging or labelling- Using similar packing or labelling would also be covered under the trademark infringement. Any such act shall be considered trademark infringement as it would demonstrate the intent of the wrongdoer.

  • When goods are exported or imported under a registered trademark, buyers and sellers would have confidence in the business whose trademark is being used. Hence, any unauthorised import or export by misusing a trademark which has previously been registered shall be considered trademark infringement.

Civil remedies for trademark infringement

With unlawful use of trademarks, the owner of the good or service shall be entitled to both civil and criminal remedies. In case of trademark infringement, following civil remedies are available:

  • Injunction- The court has the authority of issuing an injunction order so as to stop someone from using a trademark in the future. The court can issue a temporary injunction so as to prevent the accused from using trademark during the course of the proceedings as well

  • Damages- are sums of money which are awarded to someone who suffered an unjustifiable loss caused due to the actions of another person. The objective behind the majority of civil lawsuits is to recover damages. The court can also issue a judgement offering damages in case of a trademark infringement.

  • Destruction of the material and sealing- With the violation of trademark, the court could appoint a local commissioner so as to seal the offending documents and accounts. The local commissions can also be ordered by the court to completely destroy any infringing material.

  • Action to restore reputation- In case of infringement of the trademark, the court could order the wrongdoer to take action to repair the damage he caused to the company’s or business’s reputation. It could be accomplished by expressing regret in commercials or by making a statement restoring the public’s confidence in the organisation or business whose trademark has been violated.

Criminal penalties in case of trademark infringement-

As per the Trademark Act of 1999, trademark infringement is a cognizable offence, and the police have been authorised to record a First Information Report (F.I.R.) and initiate investigation for the same. For further information on the subject, it is advised that you seek legal guidance from experienced ip litigators.

  • Limitation Period— Since trademark infringement is a persistent crime, there is no time limit on when to file a lawsuit.

  • Jurisdiction- According to section 134 of the Trademarks Act of 1999, jurisdiction for a lawsuit related to the trademark infringement is determined. No lawsuit for trademark infringement could be filed in a court which is lower than the district court.

Lead India offers you a team of experienced advocates who have been successfully handling cases related to intellectual property rights such as trademarks, copyrights, etc. as well as for other sections of law involving civil or criminal matters. Thus, if you wish to talk to a labour lawyer or seek free legal advice online, you may contact us.

Call Us: +91–8800788535

Email: Care@Leadindia.Law


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