{"id":2075,"date":"2023-04-10T13:02:20","date_gmt":"2023-04-10T07:32:20","guid":{"rendered":"https:\/\/www.startupfino.com\/blogs\/?p=2075"},"modified":"2023-09-02T18:42:05","modified_gmt":"2023-09-02T13:12:05","slug":"infringement-of-trademark-in-india","status":"publish","type":"post","link":"https:\/\/www.startupfino.com\/blogs\/infringement-of-trademark-in-india\/","title":{"rendered":"Infringement of Trademark in India"},"content":{"rendered":"\n

India, characterised by its mixed-market structure, accommodates numerous industries functioning under the principles of a free market. Within this market framework, competition is very intense. Flourishing in such an open market environment demands the establishment of brand recognition and brand value. A straightforward option to achieve this objective is through trademarks.<\/p>\n\n\n\n

Once a trademark acquires such value, safeguarding it from misuse and infringement by external entities becomes imperative. The distinction between unauthorised use, identity, and deceptive similarity serves as the foundation for determining infringement, with remedies ranging from temporary and permanent injunctions to damages and account of profits. In this blog, we shall see what is infringement of trademark in India.<\/p>\n\n\n\n

<\/a>Understanding Infringement of Trademark in India<\/h2>\n\n\n\n

The <\/strong>Trademarks Act, 1999<\/strong><\/a> <\/strong>stands as the legal safeguard for trademarks in India. This comprehensive legislation establishes the guidelines pertaining to the registration, protection, and consequences of infringement concerning trademarks. Trademarks, universally acknowledged as precious intellectual property, benefit from safeguarding provided by numerous international and national entities dedicated to preserving intellectual property rights, which includes trademarks.<\/p>\n\n\n\n

In the context of India, the task of overseeing trademark protection rests with the Indian Patent Office. This institution operates under the jurisdiction of the Controller General of Patents, Designs, and Trademarks. Succinctly put, trademark infringement arises when an unauthorized entity employs a mark that is either identical to or confusingly similar to a registered trademark. The term “deceptively similar” indicates a scenario where an average consumer might be led to confusion regarding the origin of the associated products or services.<\/p>\n\n\n\n

<\/a>Types of Infringement of Trademark in India<\/h2>\n\n\n\n

Infringement of trademark in India includes two distinct categories, each defined by specific criteria:<\/p>\n\n\n\n

<\/a>1. Direct Infringement<\/h3>\n\n\n\n

Direct infringement, under Section 29<\/strong> of the Act, involves certain key elements, including:<\/p>\n\n\n\n

Unauthorised Use:<\/strong> This is basically the use of the trademark by someone who is not authorised by the holder of the trademark. If the mark is used with the owner’s permission, infringement does not arise.<\/p>\n\n\n\n

Identity or Deceptive Similarity: <\/strong>The trademark utilised by the unauthorised party must be either identical to the registered trademark or deceptively similar to it. The term “deceptively similar” implies that an ordinary consumer might perceive the marks as the same, potentially leading to confusion. The crucial aspect here is the possibility of confusion, rather than actual occurrence.<\/p>\n\n\n\n

Registered Trademark:<\/strong> The Act extends protection solely to trademarks registered with the Indian trademark registry. In cases involving unregistered marks, disputes are resolved through the doctrine of passing off, a tort law used to address damage to the goodwill associated with another entity’s activities.<\/p>\n\n\n\n

Goods or Services Classification: <\/strong>Infringement applies when the unauthorised use of the mark occurs in relation to goods or services falling under the same class as the registered trademark.<\/p>\n\n\n\n

<\/a>2. Indirect Infringement<\/h3>\n\n\n\n

Indirect infringement of trademark in India lacks specific provisions in the Act but is not devoid of liability. Indirect infringement principles derive from universal legal principles and include two forms:<\/p>\n\n\n\n

Vicarious Liability:<\/strong> As per Section 114<\/strong> of the Act, if a company violates the Act, the entire company bears liability. Consequently, not only the primary infringer but all individuals accountable for the company share responsibility for indirect infringement. Exceptions exist for those acting in good faith without knowledge of infringement. Elements of vicarious liability encompass:<\/p>\n\n\n\n