Introduction: Trademark Infringement

Trademark infringement is a violation of the trademark owner’s exclusive rights as mentioned in the trademark act 1999.

Trademark Act 1999, was introduced to provide security to the intellectual property rights specially the mark (word, name, sign, design, symbol line, image etc.) Which is used by an individual and body corporates to uniquely identify their products and services and differentiate from goods and services offered by the others.

Once a brand name/Brand logo or mark gets registered with the trademark registry India as per the guidelines under the trademark Act 1999, the trademark owner gets entitled with the rights to use the registered trademark for promoting and trading their goods and services.

Not only this, a registered trademark also secures the trademark owner’s rights to stop others from using a similar brand image, logo, design, mark, etc.

The trademark owner has got following rights,

• Right to use the trademark for listed goods and services
• Right to license the trademark (to authorize or unauthorized people for using the similar trademark for their goods and services)
• Right to Assign the trademark to someone else either paid or unpaid
• Right to prohibit someone from using the similar trademark
• File a lawsuit against the one infringing the trademark owner’s rights
• Rights to recover the monetary damages happened due to the violation of the trademark

Trademark Infringement is a serious offense which may lead to a lawsuit against the infringing party. Not only this, trademark infringement may make the infringing party losing a hefty amount as penalty against the serious offence.

Someone is using my brand name without my permission, what should I do? You may contact our trademark specialist on +91-8006650569 for any trademark related queries and cases.

Know how to file an opposition against a trademark infringing your trademark.

Is somebody using your trademark without your permission? Contact us on +91-9808582698 / +91-8006650569.