What Is Infringement Of Trademark In India?
What Amounts To Trademark Infringement In India?
Infringement of trademark refers to the unauthorized use of a registered trademark. It means a violation of the exclusive rights granted to the owner of the registered mark. This unauthorized use could lead to deceptions or misunderstanding of the actual product or company. If the trademark owner believes that the mark has been infringed, they can take legal action against the infringer. If trademark infringement is proved, a court order would be issued under Section 29 of the Trademarks Act, 1999 which prevents the defendant from using the mark, and the owner would be awarded compensation for the infringement.
What Amounts To Trademark Infringement In India?
As per Section 29 of the Trademarks Act, 1999, a registered mark would be considered infringed if an unauthorized individual or entity uses the mark in the following situations:
1. If the infringed mark is identical to or is deceptively similar to the registered trademark and is also similar to the products or services;
2. If the similar or identical mark can cause confusion to the public as the registered trademark;
3. If the infringed mark is used as part of trading or other activities associated with the products and services of which the mark is registered;
4. If the identical trademark is advertised with an intention to take unfair advantage of the already registered mark;
5. If the mark is used as a label in any packaged products or used in any business paper without the due authorization of the registered owner;
What Does Not Amount To Trademark Infringement In India?
As per Section 30 of the Trademarks Act, 1999, all conditions of trademark similarity cannot be termed as trademark infringement. There are certain conditions that cannot be considered as infringement. Such conditions include:
1. If an individual uses the trademark with honest practices in commercial or industrial matters;
2. If such mark is not in pursuance of taking unfair advantage or damage the reputation or character of the trademark;
3. Use of the mark for certain indications like quality, value, kind, quantity or geographical origin;
4. When the mark is used outside the scope of registration (When a trademark is registered, the trademarks are subjected to certain conditions and limitations in certain cases. Whenever an infringement is under the range of those limitations, it cannot be considered as trademark infringement);
5. Implied Consent – If the trademark is used with the permission of the trademark owner, the usage cannot be termed as trademark infringement.
6. If the trademark is used in association with any parts or accessories;
7. If the trademark used are identical or similar to each other;
So, make sure you go through the conditions to finalize the infringement of your trademark.