Trademark Infringement

Full Name

Email

Mobile No.

Select State..

GET QUOTE

Trademark Infringement in India: Case

Filing, Fee, Procedure, and
Punishment
Updated on May 14, 2022 01:13:26 PM

Trademark Infringement is a violation of trademark owners' rights

when used without their consent or authorization. Infringement
means when one party uses a similar trademark, which could lead
to public confusion about the product or service. The trademark
owner has the right to file a case against the infringer for their
trademark.

How can a case for trademark infringement be filed, what is its fee and
procedure, and what punishment is defined under the law for such
o!ences? We will explain all these questions in detail along with all those
cases that also consider under trademark infringement.
 What is Trademark Infringement?
Types of Trademark Infringement
Cases of Trademark Infringement
Penalties or Punishment for
Infringement of Trademark
Documents Required for Filing
Trademark Infringement Case
Procedure of Filing Suit for
Trademark Infringement
How to Avoid Trademark
Infringement?
How to File case against Trademark
Infringement with Litem?
Why Litem?
Frequently Asked Questions

What is Trademark
Infringement?

Infringement of trademark means using a registered trademark on/with

products and services in a manner that leads to confusion and deception
about its source by any unauthorized person commonly called infringer.

Trademark is a word, symbol, sign, a phrase that di!erentiates its product

and service from others of the same kind. A trademark reflects the source
and symbolizes a mark for quality and trust among the public. Trademark
infringement happens when an infringer uses it without the permission of
its owner for commerce or to deceive the common public and create
confusion with the registered trademark. It results in a loss of finance and
goodwill to the business.

For example, the bitten apple logo is the registered trademark of the
company, Apple. When another company uses a similar logo on their
products and service, it is considered trademark infringement. Either be
 used on the same type of products (electronics) or even on di!erent ones
like clothing. Then also, it would be an infringement if it confuse the public,
and they might consider purchasing the cloth under the impression of
being sold out by Apple.

There is strict punishment for those infringers under the law. But before
that, we should know about the types of infringement in India. Trademark
infringement can be done in two ways. Let's discuss it.

(https://www.litem
.in/) Types of Trademark
Infringement
Civil Criminal Matrimonial Dispute Consumer Matters

1. Recovery
Money Direct Infringement
Others Blog (https://www.litem.in/blog/)

Section 29 of the Trademark Act, 1999 lays down the law related to direct
infringement of the trademark. As per the law, direct infringement has
been defined as in the following cases:

i. Similar or Deceptive: If the trademark is identical to that registered

trademark or somehow creates confusion in people's minds with the
registered one, it also falls under direct infringement.
ii. Used without Owner's Permission: If the use of a registered
trademark has been done without the owner's authorization.

iii. Use of a similar trademark in the same class: For the infringement
of the trademark, the unauthorized use of the mark has to be used for
the propagation of goods or services that fall under the same class of
the registered trademark.

2. Indirect Infringement
i. Vicarious Infringement: When a person can control the actions of a
direct infringer to infringe, then it is said to be vicarious infringement.

ii. Contributory Infringement: Cases when the person either knows of

the infringement, contributes to direct infringement, or influences the
principal infringer for direct infringement come under contributory
infringement.
 Cases of Trademark
Infringement

Infringement of trademark not only happens when an unauthorized

person uses your registered trademark without your permission but also
some special cases fall to this category. Trademark Infringement can
happen in any of the three cases of trademark registration:

You with your Trademark (Registered).

Situation: When you have a registered trademark, and someone
infringes it. Infringement can be direct or indirect. You already have
an idea about direct and indirect infringement, as discussed above.

Remedy: In this case, you can file a suit for trademark infringement in
the district court. The process for filing such a suit will be discussed in
detail later on in the topic.

You with your Trademark (Unregistered).

Situation: When you use your trademark for a long time but have not
registered it, now someone else either uses it or tries to register it.

Remedy: In case someone tries to register it, then you can file
Trademark Opposition against it. If neither you nor the party tries to
register it, you should first apply for its registration and then file a suit
against the other party (infringer).

Your trademark Registered to Someone else.

Situation: When someone has registered a trademark that belongs to
you. It means you have been using your trademark for a long time but
now a second party has it registered under their name.

Remedy: You can file for trademark rectification to the registrar.

Penalties or Punishment for

Infringement of Trademark
In India, trademark Infringement is a cognizable o!ence (cases where
police have authority to arrest without a warrant). The infringer can face
civil as well as criminal charges for the same.

1. Imprisonment for the minimum period of 6 months which can extend

up to 3 years.
2. 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.

{Note: The infringer will also be accountable for punishment in case the
trademark they use is not yet registered.}

Documents Required for Filing

Trademark Infringement Case

Before applying to trademark infringement, make sure to have the

following documents with you:

 Copy of Advertisement of your trademark in the journal.

 LPC (Legal Proceeding Certificate) of Trademark by the Registrar
 Trademark Registration Certificate
 Data for loss to the company by infringement

Procedure of Filing Suit for

Trademark Infringement

Step 1: Suit against Infringement

The first step in case of your infringement of a trademark is to file the
application against the use of your trademark in the district court. The
application must contain all the important facts and data of your case.

Step 2: First Hearing

On receiving the suit, the judge first observes the suit and issues notice to
the opposite party for a second hearing after verifying all the details and
documentation.

Step 3: Court Fee

The court fee must be submitted before the date of the second hearing.

Step 4: Second Hearing

In the second hearing, both the parties contest their case and provide
suitable arguments and proof supporting their claims. If the court is
satisfied with its arguments, it may release a final judgment or give a date
for the next hearing in the court.

Step 5: Final Judgement

After the argument of both parties, the court releases its final judgment.
The remedies or punishment are decided by the court. The punishment in
infringement cases is already discussed above in detail.

{Note: Always remember that before proceeding with the suit, send notice
to the infringer and if no response is received from their end then only
initiate the proceedings in the court.}

How to Avoid Trademark

Infringement?

Choose a name with proper research.

It would be best if you always chose your trademark with certain
things in mind. Those things include a unique name, proper
trademark research, appropriate class, the existence of no such or
similar trademark in the class, and others.
 Register it with the registrar

The first and foremost step after deciding on the appropriate

trademark is registering it. By registering a trademark, you can gain all
legal rights of it along with other benefits.These include brand
recognition, legal protection, monetary benefits, along with brand
value.

Obtain authorization from the owner before use.

The best way to avoid trademark infringement is to obtain the owner's

authorization before its usage.

Use for Fair Purpose.

If the trademark is being used for any fair purpose other than that for
commercial, it also doesn't count as trademark infringement. Fair use
includes news, commentary, criticism, parody, a comparative
advertisement with others, and non-commercial use.

How to File case against

Trademark Infringement with
Litem?

With Litem, you can get advocates who are well experienced to deal with
intellectual property-related matters. The years of experience and
expertise can very well guide you with your case. The process to get in
touch with an advocate is quite simple with us:

Fill the form or Provide us with Get Connected with

Call us at details and one of the
9289044667 documentation best lawyers in this
(tel:9289044667) related to the case. field.
 Why Litem?

We are a team of Advocates and professionals having years of experience in

Trademark registration and other related queries. We would be happy to assist
you in getting your Trademark registered without any di"culty. We are
committed to creating a good relationship with our clients and providing them
with the best service experience. Therefore we create groups with our clients
to inform them about each stage of their Trademark Registration Application.

Choose the right Platform to register your Trademark hassle-free and with less
chance of rejection.

Litem is a helpful platform for numerous reasons, such as the following:

Free Legal Expert Lowest Fees Quick Process

Advice Lawyers

Frequently Asked Questions

  What is trademark  What are the defences

infringement? to trademark
infringement?

  What happens when

trademark infringement?   Where to file a
Trademark Infringement
case?

(https://www.litem.in/)
  O"ce No. Popular
804, 8th Floor, Services
Bhandari House, heque Bounce
C
Nehru Place, uccession
S (https://www.lite
Certificate m.in/cheque-
New Delhi - bounce.php)
(https://www.lite
110019 m.in/succession-
certificate.php) etter of
L
Administration
utual Consent
M (https://www.lite
 +91 m.in/letter-of-
Divorce
7409697047 (https://www.lite administration.p
(tel:+917409697 m.in/mutual- hp)
consent-
047) ood
F
divorce.php)
Adulteration
ourt Marriage
C (https://www.lite
 (https://www.lite m.in/food-
m.in/court- adulteration.php
support@litem.i
marriage.php) )
n
(mailto:support oney Recovery
M otor Accident
M
Suit Claims
@litem.in) (https://www.lite
(https://www.lite
m.in/money- m.in/motor-
recovery- accident.php)
suit.php)

 (https://www.facebook.com/litemlaw)  (http://twitter.com/litemindia)
 (https://g.page/litem-new-delhi) 
(https://www.instagram.com/litem.in/) 
(https://www.linkedin.com/company/litemindia/) 
(https://in.pinterest.com/litemlaw/_created/)

© 2021 Litem Legalis LLP - All Rights Reserved.

(tel:+917409697047)