With
hard work, money and time, once you reach a stage where your
Trademark becomes a known brand and consumers start associating the
same only with your business, you will sooner or later come across
unscrupulous elements trying to make quick profit by unauthorised use
of your trademark for marketing their products, eating into your
hard earned reputation and gains.
Indian
Trade Marks Law provides legal remedy to protect the rights of
bonafide owners of trademarks. Two terms are significant here
“infringement” and “passing off”. A Registered user of
Trademark can prevent its misuse by initiating infringement action in
court of law, whereas in case the Trademark is not Registered but it
is a bonafide and honest adoption coupled with usage , legal remedy
under Tort of passing off can be sought.
Following
civil remedy/reliefs can be sought under infringement / passing off
:
permanent
and interim injunction,
damages
or
account
of profits,
delivery
of the infringing goods for destruction.
One
can also avail remedies under Criminal Law in case of false
application of a Trademark and the use of false trade descriptions.
The law provides for search and seizure of infringing articles and
the offence is punishable with imprisonment and fine .
Trademark
protection demands vigilance from businessess and if
you believe your Trademark or similar Trademark is being used without
your permission, contact an experienced IP Attorney.
For
any suggestions/query you can email me at securingip@gmail.com or
please drop in your comments
