What is Trademark Infringement?
Date : 27 Oct, 2020
Post By Advocate Sakshi Shairwal
With innovation and technology now reaching almost every sphere of our lives, the importance of intellectual property and creative ideas have now taken a center stage. With every big and small enterprise looking out for creative freelancers and advertising agencies for creative projects, Intellectual Property Rights has empowered the growth of ideas as well as technology.
What is a trademark?
A form of IPR, trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of other undertakings. A trademark can be a sign, words, letters, numbers, drawings, pictures, colours or combination of colours. It also includes graphic representation or packaging or sound or any combination of the above as applied to goods or services. The various purposes for which an individual can obtain a Trademark are:
1.) A product name
2.) A logo or label
3.) A symbol or design
4.) A sound or a product package
What is trademark infringement?
Trademark infringement refers to a situation where a trademark used by a person is identical or similar to that of a registered trademark used by another person or company.
The most common observations for testing whether a trademark is infringed or not are
a.) Presence of close similarity in the trademark of associated goods and/or services to a prior registered trademark and its associated goods and/or services.
b.) The use of the trademark creates a likelihood of confusion with a prior registered trademark among the consumers.
What happens if you break a trademark law?
If ever you break a trademark law, the lawful owner of the original trademark may begin legal enforcement of a trademark violation by sending you an injunction or restrain letter/legal notice. In such cases, to avoid facing penalties of a trademark violation, you must agree to change your business logo or marketing phrase or any other trademark in question to avoid confusion with the lawful and original trademark.
A trademark violator who is sued by the owner of a lawfully registered trademark may also be ordered to pay monetary damages for an act of IPR violations. Further, if the court finds out that the trademark violation was intentional, the court may impose penalties of three times the amount of actual profits lost.
A penalty and imprisonment are applicable for any person who is found to falsifying and falsely using a registered trademark. A person is said to have indulged in unauthorized use of trademark if:
1.) A person without the assent of the proprietor of the trademark makes that trademark or a deceptively similar trademark;
2.) A person falsifies any genuine trademark, whether by alteration, addition, effacement or otherwise.
Therefore while choosing a trademark for your business organization, product/ service or goods, you should always be careful of avoiding IPR and trademark violations.
The author of this beautiful blog is Advocate Sakshi Shairwal having experience 4 years in handling such matters from her experience she wants to share this beneficial information for the Corporates having any issues with respect to the trademark matters.
