Trademark Infringement in India
Trademark infringement is a significant challenge that companies of all sizes encounter in India.
With the number of startups and brands in as many industries, It’s important to understand the legal framework of trademarks to a large extent.
Trademarks are part of the important assets for the business. Telling the market on the uniqueness of such goods and services that the business trades. To avoid confusion of other companies with similar suchness.
However, with this increasing value of trademarks, people are willing to infringe on them, hence raising infringement on trademarks.
Thus, the aim of this article is to explain the jurisprudence of trademark infringement in India and highlight the major cases as well as the role of jurisdiction in such actions.
Legal Framework for Trademark Infringement in India
1. The Trade Marks Act, 1999
The Trade Marks Act of 1999 is the main legislation in India that specifically deals with trademarks. This act outlines the Registration, protection, and enforcement of the Trademarks.
A trademark is define as a sign use to extricate one business products from those of others.
The Act covers trademark registration, the rights granted by trademark registration in India. And the legal processes for trademark protection in the country.
2. Definition of Trademark Infringement
Trademark infringement occurs. when someone uses a trademark similar to the other trademark owner’s. Without the permission of the trademark owner.
The mark being use for infringement must be associate with the goods or services that the trademark covers.
The key elements of trademark infringement in India include:
- Identical or Deceptively Similar Mark: This is where the infringing mark must be very similar, or as in some cases. May be closely resembling the registered trademark.
- Goods or Services: The infringing mark must use only for identical goods or services to which the trademark is register.
- Likelihood of Confusion: The latter states that the use of the infringing mark is likely to confuse. With the trademark by the relevant public and therefore must give the impression of the trademark owner’s origin.
3. Civil and Criminal Remedies
The remedies available to trademark owners under the Trademarks Act, 1999 are that infringement shall be treated both civil and criminal.
Legal remedies can be an injunction, damages, or an account of profit.
An injunction is a special court order that prevents an infringer from continuing to use its infringing mark.
The trademark owner is award compensatory damages to restore their previous position.
The Act spells out the penalties that attract a maximum of a three-year imprisonment term and a fine of up to two lakh rupees.
The criminal remedy acts as a deterrent measure against those people who willingly infringe trademark laws.
Trademark Infringement Jurisdiction in India
Jurisdiction of Courts
The territorial jurisdiction in a trademark infringement case mainly depends on the place where the infringement has taken place. The location where the defendant operates and where the plaintiff has an address or does business.
While dealing with the Trade Marks Act, 1999 under section 134 the court in which the suit may be filed is the court within the local limits of the place. Where the plaintiff lives or runs their business, not where the defendant does.
Concurrent Jurisdiction
On occasions, there may be concurrent jurisdiction in which two or more courts are empower to try the trademark infringement case.
This may happen where the plaintiff and the defendant have their places of residence or business, or where the use of the infringing goods takes place, in different regions.
International Jurisdiction
Trademark infringement jurisdiction may also have international relations, especially in cases where the plaintiff as well as the defendant is from different nations.
Whereas, in such circumstances, the territoriality of the Indian judiciary can vary based on the closeness of the activities to India.
The Court also takes into account international agreements. such as the Paris Convention for the Protection of IP when deciding on jurisdictional orders.
Conclusion
Knowledge of trademark infringement jurisdiction is also important since. It defines the authority by which a trademark case brought and decide.
In the present-day world, where business operations are going global, and internet activities are on the rise, justification of trademark infringement jurisdiction becomes a rigorous legal exercise.
In conclusion, businesses should be careful to prevent other parties from infringing on their trademarks and should know the legal procedures obtainable to them.
This article outlines the legal provision of trademark infringement in India as well as the crucial cases related to the same so that businesses can protect their important assets in the form of trademarks.
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