Trademark Remedies are solutions to deal with trademark infringement cases of unregistered as well as registered trademarks. Through these infringement remedies, an applicant can initiate a lawsuit in the courts of law. There are majorly three types of Trademark Infringement Remedies applicable in India. In this article, we are going to discuss all three remedies with you. The first one is Civil remedies for infringement cases.
Civil Remedies against Trademark Infringement
The Registrar allows the following civil remedies for infringing a trademark as per the Trademark Act of 1999:
Injunctions, permanent or temporary, are the authoritative directions of the court of law.
Permanent Injunction: It is an order against trademark infringement notice that the plaintiff files to follow permanently unless stated otherwise.
Temporary Injunction: It is an order that the alleged trademark infringer has to follow for an indefinite period.
Trademark Infringement Damages
The aggrieved party can ask for damages for trademark infringement on legal grounds. However, it is applicable after the trademark infringer has ceased its operations. Also, it is proven that the aggrieved party has suffered a loss from the infringing act. The plaintiff must take this into account when calculating damages for Infringement.
These civil remedies handle the profit accounts as well as the removal of products that contain infringed trademark logos.
Also Read: Trademark Registration
Criminal Remedies against Trademark Infringement
The Trademarks Act has detailed the punishments for the Infringer of Trademark for criminal remedies. Following are the penalties at the expense of the Infringer:
The basic criminal action against Infringement in India is imprisonment for half a year. Still, depending upon the extent of the act, it can extend to up to three years of incarceration.
Another section of the remedies against trademark registrations states if someone contravenes the trademark rights of another person or company must pay a penalty of fifty thousand rupees.
Both civil and criminal liabilities for Infringement can lead to the property seizure of the Infringer. This is done to pay for the damages caused by the act of Infringement by the Infringer.
Administrative Remedies for Trademark Infringement
Under the palate of administrative remedies against Infringement, the following options are available:
During the trademark process, it is within the Trademark Authorities’ powers to investigate the proposed trademark.
For the elimination of any confusion around the Company’s Brand, the trademark applicant can make changes to the pre-existing trademark.
Checking the Trade Activity
The IPR Authority must check the activity, such as the products or services, on which the defendant used the infringing trademark before taking any action.
Defenses against the Trademark Infringement
Before taking any action against Infringement, the plaintiff must first consider whether there is a trademark infringement case or not. IPR Intellectual Property Laws are tricky to understand. Groundless threats of trademark infringement to the defendant are getting common nowadays. Therefore, one must understand which counterfeiting cases must not be considered Infringement in the country.
The trademark in question must not have been used in any way that can damage the trademark’s reputation. The registered logo communicates the product’s quality, purpose, geographical origin, production time, or other characteristics.
- Trademarks are identical to each other
- Trademarks used with other parts and accessories
- Trademark usage in line with the regulations mentioned in the Trademark Act of 1999
These points can be used to put forth points in the defence against infringement cases in the country.