Trademark infringement

Saptaparni Raha
Aug 24, 2022
2 min read

Written by Saptaparni Raha, Lawyer

Introduction:

According to Section 29 of the Trademark Act, infringement means the use of a mark by an unauthorized or an authorized person or a person who is not a registered proprietor, which is identical or deceptively similar to the trademark registered.

Conditions for the Infringement:

A new mark that is identical or deceptively similar to the registered trademark.
The identical mark creates confusion in the minds of the general public in association with the registered trademark.
At the time of advertisement, a registered trademark takes unfair advantage or is contrary to honest practices.
Using a registered trademark for packaging or labelling of other products without the authorization of the registered user.

Types of Infringements:

1) Direct Infringement:

It is a violation of a trademark when a mark is used by a person who is not authorised by the registered trademark.
An unauthorized person using the trademark needs to be identical or deceptively similar to the registered trademark.
If any unregistered trademark is breached, then the common law of passing off is used to settle the dispute.
It includes any unauthorized use of a mark for the propagation of goods or services that fall under the same class of the registered trademark.

2) Indirect Infringement:

There is no provision related to indirect infringement, but the principle and application of indirect infringement arise from the universal law principle.
According to Section 114 of the Trademark Act, if a company commits any offence, then not only the principal infringer but the whole company would be liable.

Penalty for the Trademark Infringement:

Penalty for infringement of a registered trademark as a result of falsification is punishable with imprisonment, which shall not be less than six months and may extend for three years, with a fine, which shall not be less than fifty thousand rupees and may extend up to two lakh rupees.

Conclusion:

The importance of a registered trademark is clear after discussing the trademark infringement. Registering your trademark gives you the exclusive authority to use your mark.

References:

Harsha Ansani. (2016). What is Infringement of trademark. retrieved from https://blog.ipleaders.in/what-is-infringement-of-trademark/.
Cleartax. (2022). Trademark Infringement In India-what is it, types, penalties for Infringement, retrieved from https://cleartax.in/s/trademark-infringement-india.