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rademark Infringement Cases

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Trademark Infringement Cases

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Trademark Infringement Cases

Trademark infringement means breach the right to use the registered trademark of others or using someone registered trademark without their permission.

Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services.

In many countries (but not in countries like the United States, which recognizes common law trademark rights), a trademark which is not registered cannot be "infringed" as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable.

Frequently Asked Question

HOW TO SEARCH A TRADEMARK?
A Trademark search is the first step in the Trademark registration procedure. A search is to be conducted in order to determine the uniqueness of the mark, and its similarity to other, pre- existing marks. It is very much advisable to conduct a Trademark search before registering or using a Trademark. Without a search, there are chances for being sued for Trademark infringement, the rejection of the Trademark application, and a third-party challenging the Trademark application.
WHO WILL PUBLISHED THE MARK IN TRADEMARK JOURNAL?
Trademark registry publish Trademark the mark in Trademark Journal.
IS SEPREATE TRADE MARK IS REQUIRED FOR DIFFERENT PRODUCTS OR SERVICES?
Trademarks must be registered for a particular product or service. A single trademark application can be filed to register your product or service under more than one class but the fees for filing under each class increases every time in the same manner as you have filed a single application for trademark under one class.
CAN TRADE MARK BE SOLD OR TRANSFERRED?
A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc.
CAN A FOREIGNER OR A FOREIGN ENTITY APPLY FOR TRADE MARK REGISTRATION IN INDIA?
Yes, a foreigner or a foreign entity can apply for trademark registration in India.
IS THE TRADEMARK REGISTERED IN INDIA, VALID ALL OVER THE WORLD?
No, Trademarks have to be registered in individual countries, depending on the legislation.
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION?
Basic Documents include following:
  1. Trademark Application.
  2. specifications of goods or service for which application is made.
  3. Representation of mark in prescribed size and format.
HOW OFTEN DOES IT NEED TO BE RENEWED?
Trademark registration is valid for 10 years. Therefore, it has to be renewed after each interval of 10-year.
WHAT IS THE DIFFERENCE BETWEEN TRADEMARK & COPYRIGHT?
Copyright secures the work related literary, artistic, paintings, films, sounds etc. whereas Trademark secures a mark, word, logo of product or service.
WHO CAN MAKE TRADE MARK APPLICATION?
Any person can make application to register Trademark.

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