Trademark Infringement

Legal action for trademark registration in case of infringement

Any mark is considered a case of infringement if the identical mark is registered under the same class of goods and services as per the act. As per section 134, the owner's suite of infringement can be filed by the court for relief and damage by hiring a trademark lawyer.

Civil remedies:

  • Propriety can take grant to stop the use of the mark
  • Demand for loss of profit earned by other companies on using the mark
  • Get an order from the court to seize the mark

Administrative rights:

  • The proprietor can oppose the mark at the time of registration.
  • He can ask to remove its trademark registration from the journal if it is already registered. A trademark registry helps to do such a process.

Criminal Proceeding:

  • Criminal remedies are available for trademark infringement as per trademark act, 1999 under103 and 104 acts.
  • A criminal case can be initiated in the case of trademark infringement.

What happens when two proprietors have the same Trademark:

If two people have the same registration for trademark:

  • Both of them can enjoy their trademark rights if the mark is registered under the different classes. They can not infringe on each other rights.
  • If the mark is registered under the same class, no exclusive party can claim their rights until the issue resolution. Both of the parties will have equal rights to enjoy their marks.

So, to avoid such a situation, it is necessary to check whether a particular mark is registered with the trademark registry.

Frequently Asked Questions

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