Trademark infringement is a crime that occurs when a person uses a trademark that is deceptively similar to straight-up copies of another individual's already registered trademark without the owner's permission.
In this modern financial society, where branding is everything, Trademarks have evolved into one of the most sought-after Intellectual properties. However, this IP is also a double-edged sword, mostly because it has as many people looking forward to registering it as many people to steal it. Therefore, the Trademark Act of India has been placed to protect the mark wielders against mark infringers.
Therefore, the article presented here is not merely a section that provides you with the punishments that can happen to the infringement. It is also a warning if you are even thinking about infringing someone else's trademark.
Trademark infringement is a crime that occurs when a person uses a trademark that is deceptively similar to straight-up copies of another individual's already registered trademark without the owner's permission. The standards to check for such thievery are as follows:
Before we dive into the punishment bestowed upon the individuals of the mark, it must first prove that the symbol has indeed been stolen. To that end, the true owners of the mark can show that the infringer is partaking in the same business as they are. Furthermore, infringement proceedings are not only to be brought to the infringer, for the true owners can only show that the infringer is partaking in the same business practices. If these practices are likely to cause customer confusion, then it is proved that the mark is being stolen and misused by the other.
When it comes to penalties, we should be careful who we point our fingers to. Therefore, you should know what sort of person should be deemed an unauthorized trademark use.
An individual is deemed to be false fully applying for the goods and services trademark is:
Confusing a bit, yes! But dig a bit deeper, and you will comprehend the true meaning of it.
When they're a matter of punishment for trademark infringement, there are multiple stages :
There is the matter of applying for an unauthorized trademark, in which you can be considered a culprit if you:
The punishment for any of the above offenses is about 3 years of imprisonment maximum and a minimum of 3 months. Additionally, there would be an additional fine of fifty thousand rupees, which may or may not extend up to 2 lakhs rupees.
Any individual, who hires, sells, or has possession of things and services to sell under an unauthorized trademark is punishable to imprisonment for not less than 6 months, with the maximum jail term up to 3 years. Additionally, a fine can also be imposed on the culprit with no less than 50 thousand and a maximum of 2 lakhs. However, the individual shall not be punishable in case they prove the following:
There is also a matter of falsely claiming that the trademark has already been registered.
If the person claims that the mark they have been using to represent their goods and services has already been provided with trademark registration and this claim is false, there is 3-year imprisonment.
Like we said at the beginning of the article, it is not merely to tell you about the punishment of the infringing offense that is done towards you, but also what you might have to go through if you partake in such infringing practices. Therefore, make the right and wise decisions and always be aware of IP rules should you apply for one.