Your most precious asset is your trademark. It determines how others will perceive your goods or services. This mark’s worth increases if your firm is expanding along with it. More and more people start to recognize you. Your reputation as a reliable source of goods and services grows quickly. However, someone is spying on you from afar, eagerly eyeing your trademark. Whether you have a trademark registration is irrelevant to them. They only have one intention: to trade their items using your logo. Or create something comparable to mislead folks. They have decided to use trademark infringement to achieve rapid success. People quickly become perplexed. All of a sudden, the item displaying your logo is dreadful. And often a distinct commodity is included. Your credibility begins to deteriorate. The same is true for your company. Then, all of your effort and labor in building your firm is worthless. In this article, you will get to know all the essential detailing regarding Trademark Infringement Remedies.
What is Trademark Infringement?
Infringing on a trademark holder’s exclusive rights, such as by changing it or using it without authorization, is known as trademark infringement. The two main ways trademarks are violated are as follows:
- Same trademark usage;
- Using a similar trademark to mislead consumers.
How can we prevent this from occurring? You can’t, that is true. The purpose of trademark registration is to make trademark thieves pause before committing to stealing. It does not, however, create a mystical boundary around your trademark, making it difficult for anyone to replicate it. However, that won’t imply you have no options. There are legal sanctions that can be used to deter trademark infringement.
Trademark Infringement Remedies
In India, many people are willing to commit the felony of trademark infringement. The thieves think no one will be alerted. They were right, you didn’t notice if these thieves have stolen your corporation. And you won’t immediately notice it. You must avoid living in terror since you have a business to run. However, you can take action if you become aware of the violation.
The following are the sanctions for Trademark Infringement:
There are two types of Remedies:
- Civil remedy: Civil remedies for Trademark Infringement include the following:
- Profits Account: Damage will be done in the form of lost revenue from stolen goods or services.
- Destroying Products: When trademark infringement occurs, it is also possible to order the destruction of goods and services.
- Damages: The owner of the registered trademark shall be compensated for any harm or damages.
- Injunctions: The defendant may not place any assets that could seriously impact the plaintiff and preserve infringing goods and services, according to an interlocutory order the court may issue. An injection is a court order that restricts the use of the trademark that is being violated.
The following are examples of temporary reliefs that the court may order:
a) The appointment of a municipal commissioner for the removal and search of counterfeit items, the creation of account books, inventory, etc.;
b) To prevent the infringer from handling or disposing of assets, which could seriously hamper the applicant’s ability to recoup the costs and damages that will be awarded to them.
The defendant may be required to bear the appellant’s legal expenses by the court.
- Criminal remedy: In the event of criminal proceedings, the court may impose the following sanctions against the Trademark Infringement offender:
- Accompanied by a minimum sentence of six months and a maximum of three years in jail.
- Accompanied by a fine that must not be less than Rs. 50,000 and may be as high as Rs. 2 lakhs.
Trademark Infringement Statutory/ Civil Remedies
These are some of the remedies available in the case of Trademark Infringement:
- Injunctions/stays prohibiting the use of the brand
- Compensation for damages
- Accounts and distribution of earnings
- The application under order 39 rules 1 and 2 of the CPC for the award of temporary or ad interim ex-parte injunction
- To safeguard the interests of those who own intellectual property rights, the courts may order the customs officials to withhold infringing material, block its transportation, or stop its disposal in any other way.
- This legal claim may be enforced both with and without including the relevant authorities as parties to the lawsuit.
- A perpetual and transient injunction, damages or an account of profits, the delivery of the infringing items for destruction, and the expense of the legal processes are all types of remedies that a court typically may issue in a complaint for infringement or passing off.
- The interim injunction order may be issued either ex parte or following notice. Orders for:
(a) Appointing a local commissioner, which is comparable to an “Anton Pillar Order,” for the investigation, confiscation, and archiving of violating commodities, financial records, and the compilation of catalogs, among other things, is an additional example of interim relief that may be granted in the lawsuit.
(b) Preventing the wrongdoer from using the assets in a way that could harm the plaintiff’s capacity to obtain damages, costs, or other financial remedies that may ultimately be granted to the claimant.
In India, Trademark Infringement is pervasive but it has remedies to be served with. And based on how many cases we encounter each day, it won’t soon be considered typical. The best course of action is to consider these solutions and implement the necessary steps. All of these have the potential to deter somebody from stealing your trademarks. Therefore never be reluctant to confront them. By the TRIPS Agreement, India is required to, among other things, preserve distinctive marks, recognize service marks, occasionally renew registration for an infinite period, eliminate trademark licensing requirements, etc. India, a common law nation, upholds both codified law and common law principles, and as a result, it offers both infringements and passing off actions for Trademark Infringement. Both passing off and Trademark Infringement are recognized under Section 135 of the Trade Marks Act. BizAdvisors.io is a legal firm that provides Trademark Infringement Remedies. You can freely contact our legal advisors for more information.
Read our article:Trademark Registration in Fashion Industry: An Ultimate Guide