Penalties for Trademark Infringement occur when somebody copies or uses a similar or identical trademark to another party’s registered trademark. This can cause confusion between customers. This affects the reputation and identity of the brand and also the sales of products associated with that brand.
When Are Imposed Penalties for Trademark Infringement?
(A). Inappropriate or Unauthorized Use of Trademark
Fines and imprisonment apply to persons when they are found to be misusing a registered trademark. If:
Without the trademark owner’s permission, someone else creates a trademark that is similar to his trademark or misrepresents the original trademark.
When a person applies a trademark similar to that of the registered trademark owner on goods or services or uses a package bearing a mark that is similar to the trademark of the owner without the consent of the registered trademark owner.
(B). Penalty for Applying Unauthorised Trademark
Falsifies a trademark
Incorrectly applying a trademark to a good or service.
Misleading information about products or services.
This rule applies to goods that falsely indicate where or in what country or state or by whom they were made.
For such offences, the offender may face imprisonment of a term which may extend to 6 months to 3 years and a fine that may extend to 50k to 2 lakh Rs.
(C). Penalty for Selling Goods or Services with Unauthorized Trademark
If any person sells, lets on rent, keeps for sale, or makes available any goods or services bearing an unauthorized TM or false trade description, he shall be punishable with imprisonment of 6 months to 3 years or with a fine of 50,000 rupees to 2 lakh rupees.
(D). Penalty for falsely representing as a registered trademark
False trademark registration claims can lead to up to three years in prison a fine, or both.
