Trademark is your most valuable possession. It’s how people recognize your product or your services. If you are a growing businessman, the value of this mark grows with it. People start you recognize you more and more. Soon, you become a beacon of trust, hope, and good product/services, provider.
However, somewhere, someone is watching – looking at your trademark with greedy eyes. They don’t care if you have registered the trademark. They only have one thing in mind – using your mark to trade their own goods. Or make something similar to confuse people. They want instant success and trademark infringement is the path they have chosen.
Soon, people get confused. The product under your trademark is bad all of a sudden. And sometimes, it’s a different product. Your reputation starts to fall. The same happens with your business. And then, all the hard work you put into your business is ruined.
What are you going to do about it?
What is trademark infringement?
Trademark infringement means violating the exclusive rights of the trademark holder i.e. altering and/or using the trademark without the consent of the trademark holder. There are two primary ways trademarks are infringed:
- Using the same trademark
- Using a similar trademark to confuse people
How to stop these things from happening? The truth is that you can’t. Trademark registration is done to make the trademark thieves think twice before stealing. But, it doesn’t put a magic shield over your trademark – making it impossible for others to copy it.
But, that doesn’t mean that you can’t do anything.
There are remedies of trademark infringement that comes in the form of punishment.
What are the remedies of trademark infringement?
Trademark infringement in India is a crime that many readily commit. The criminals believe that no one will notice. And if your business has become a victim to these criminals, they were right – you didn’t notice.
And you can’t notice it right away. You have a business to take care of and because of that, you can’t live in fear. But, once you notice the infringement, you can do something it.
Here are the remedies for infringement of trademark:
- File an injunction against the use of the trademark: If you see someone using your trademark, you can stop them right when you notice it using injunction. Courts grant an injunction. Get a trademark lawyer. File a case to get a stay order. The court will then notify the trademark infringer to stop using the trademark or else.
Even if the case isn’t resolved instantly, the injunction stops the infringer from using your trademark/something similar to your trademark.
- Claim Damages: What is your trademark has been used by that other person for a long time? Think of all the money you might’ve lost during this period. File a case to claim damages. Damages cover your legal cost as well as give you extra money to cover up the loss of reputation that might’ve been caused.
Those who are the victim of trademark infringement always claim damages.
- Ask to hand over the profits: What if your trademark thief did the same business as you? he/she basically impersonated you attract YOUR clients to him/her. In this case, the best remedy is to find out how much he/she has earned. If that entire money was made by misdirecting customers, you have the right to all of it. It can even be more.
It can be tricky to get the profits of a trade that misused your name. Get the best trademark lawyer for it.
- Custody and sealing of infringing material: Along with the other remedies, the court seizes the infringed materials and seals them, stopping their future usage.
Trademark infringement is common in India. And looking at the number of cases we see every day, it’s not becoming uncommon any time soon. So, the best thing to do is to look at these remedies and take appropriate measures. All of them can send a message to the others who want to steal your trademarks. So, don’t be afraid to take them on.