Who Can Sue for the Trademark Infringement

Dec 302024
Who Can Sue for the Trademark Infringement

A trademark is an intellectual property that aids in a product or service’s recognition by consumers. A business’s product or service might be distinguished from others by a symbol, logo, or tagline. Every company has to compete with fierce competition, and in order to succeed in this day and age, a company must increase the value of its brand, which is what trademarks are. All laws and guidelines pertaining to registration, rights, infringement, and penalties are contained in the Trademarks Act of 1999. Since trademark infringement is a punishable crime in India, it may be subject to both civil and criminal lawsuits and dealt with by a trademark lawyer India.

What is Trademark Infringement?

Infringement occurs when rights associated with a registered trademark are violated without prior authorization. The following are some circumstances that a court may consider to be trademark infringement:

  • If the mark being challenged is associated with a comparable good or service and is identical to the registered mark
  • If someone deals in goods or services for which a trademark is registered and uses the registered trademark to be his trade name, business name, or a portion of it.
  • If a registered trademark is used for products or packaging. for importing or exporting items without permission, or for labeling other products.
  • If someone unfairly exploits the goodwill of a trademark by using it for a promotion

Alternative Solutions to Infringement Lawsuits

Instead of pursuing lawsuits, which are more costly and time-consuming than going to court, trademark infringement can be resolved through alternate means. By applying, the violating party may have their infringement activities stopped or restricted. Alternative dispute settlement remains secret, helps reach an agreement, saves time and money, and helps people avoid the needless stress of going to court.

  • Minitrial technique: This settlement method involves a quick debate between the parties. The amount of the settlement will be decided by the final jury.
  • Arbitrator/Negotiator: In the event that the ministerial approach fails, the parties choose an independent mediator, whose ruling is binding on both sides.

Who Can Sue for the Trademark Infringement

Only the owner, proprietor, or his legal heir may file a lawsuit for trademark infringement. Any action pertaining to trademark infringement cannot be taken by anybody other than the owner. The owner of the registered mark has the right to initiate legal action against the illegal user. These individuals include those who manufacture and sell goods bearing the registered mark. Only the registered mark is covered by the Act.

The common law of passing off is applicable when an unregistered mark is violated. When someone uses someone else’s registered mark unlawfully, their main goal is to harm the registered owner’s reputation, or they may have other unlawful objectives, such as taking unfair advantage of them.

Conclusion

In India, brand name security is growing, and more individuals are now aware of the regulations. A trademark is the emblem or symbol that distinguishes a business from its competitors in the eyes of consumers. The trademark can only be used by the owner who registered it. The product’s brand value may decline as a result of trademark infringement. A person may face civil or criminal charges, depending on the situation, if they fraudulently use the registered mark for their own benefit or any other advantage without permission.

Only the owner of the trademark may file a lawsuit for trademark infringement with the help of top intellectual property law firms in India who guide the owner with the process. People should be informed of these legal procedures and remedies because infringement is becoming frequent.

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