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July 16, 2018 Registrationwala

What is Trademark Infringement in India?

Trademark Objections

What is Trademark Infringement in India?

If you have registered your trademark, then only you have the exclusive rights to it. If your trademark is being falsely used by another individual/company for their own personal gain, that means that your trademark is being infringe upon. Trademark infringement in India is a punishable offence therefore, whether or not you are a trademark owner, you have to understand what this actually means.

The actual definition of trademark infringements means, violating and exploiting the rights of trademark owner. When it comes down to it, there are four types of infringements:

1. There is a likelihood of confusion:

This sort of confusion is created in the minds of the customers when:

  • The infringer swaps one brand with the other while offering the same sort of goods and services
  • The infringer might be an infringer by mistake and the confusion was there by accident and with not fraudulent intention. Trademark search in India is necessary before you even think about using a mark.
  • The infringer actually desires to confuse the customer in order to compete with other brand.

2. False claim of registration:

There have been many instances where there have been claims of registration and all of them turned out to be false:

  • Claiming that you have registered even if there is no proof to support that.
  • After the trademark has expired, still claiming that the trademark is still relevant. Trademark registration in India is not permanent and therefore, renewing is a necessary measure.

3. Unauthorized access to trademarks:

When the trademark has been accessed without the consent of the owner, this comes under unauthorized access of the mark.

  • Wrongly using the “R” sign on unregistered trademarks.
  • Intentionally claiming a false or unregistered mark.

4. False trademark imposition:

This sort of infringement is done in the following manner

  • Application of a false trademark when processing, manufacturing and packaging he products.
  • Making changes to the originally registered trademark before using it.

These are the types of infringe that you as a businessman might commit and you a trademark owner might be afflicted by. Luckily, there are provisions to protect the trademarks that make sure that the trademark remains safe.

Trademark infringement is something that can both be deliberate and a mistake. To that end, it is necessary that both the parties know about its punishments and implications. This would prevent an aspirant to make a mistake and protect the owner from being infringed.

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