Trademark infringement

The trademark infringement occurs when an individual uses the trademark of other owners for promoting their own goods or services, without proper intimation to the trademark owner in any form like a contract, or license is called trademark owner. Trademark infringement also rises when trademark of a company has been used by some other company by accidentally, which are similar to each other, without their proper knowledge.

Trademark infringement in India

Trademark registration offers owner to enjoy exclusive rights to take legal action against the infringers, this helps in seeking injunction and compensation for the damage caused due to the trademark infringement. Each and every nation has its own patent law, designed to guard the patents of the registered user. In India, the trademark act, 1999 and the trademark rules, 2002 offer proper provisions to deal trademark infringement cases in all fields. Beside trademark law in every country, there are trademark infringement laws backed by the agreement of world trade organization, Madrid protocol of world intellectual property organization at the international level. In general, these infringement laws are common and universal.

Allegations of trademark infringement

• If Trademark infringer is confusingly identical to the registered trademark.
• Factors that confirms the probability of confusion is analyzed successfully.
• If infringer got fame due to the usage of the trademark
• If Infringer is not aware of the concerned laws and is committing these activities willfully.
• If the infringer is committed to infringement upon certain rights of the trademark owner in the same field.

We own an impeccable academic record in registering the trademark and dealing trademark infringement. We hope we are eligible to deal the cases of trademark infringement. So, please feel free to contact us.