Trademark Infringement - Types, Penalties, Cases

Name: Trademark Infringement
Brand: Vakilsearch
SKU: 39
Rating: 4.6 (360 reviews)

Consult an Expert

Talk to a Lawyer

Talk to a Chartered Accountant

Talk to a Company Secretary

Talk to a IP/Trademark Lawyer

Business Setup

Prefer to talk to a business advisor first?

Book a call back

Tax & Compliance

Prefer to talk to a business advisor first?

Book a call back

Trademark & IP

Prefer to talk to a business advisor first?

Book a call back

Documentation

Prefer to talk to a business advisor first?

Book a call back

Others

Prefer to talk to a business advisor first?

Book a call back

Consult an Expert

Business Setup

Tax & Compliance

Trademark & IP

Documentation

Others

Consult an Expert

Talk to a Lawyer

Talk to a Chartered Accountant

Talk to a Company Secretary

Talk to a IP/Trademark Lawyer

Business Setup

Tax & Compliance

GST and Other Indirect Tax

GST Cancellation and Revocation

Indirect Tax

RoDTEP

Changes in Pvt Ltd Company

Add a Director

Remove a Director

Increase Authorized Capital

Close the Pvt Ltd Company

Strike off Company

Change Objective/Activity

Change Address

Changes In Limited Liability Partnership

Add Designated Partner

Changes to LLP Agreement

Close the LLP

Mandatory Annual Filings

Annual Compliance Services

LLP Annual Filings

CFSS

Secretarial Audit

Labour Compliance

Provident Fund (PF) Registration

ESI Registration

Professional Tax Registration

Shops and Establishments License

Employee Stock Option Plan [ESOP]

POSH Compliance

Labor Law Advisor

Accounting & Tax

Accounting and Book-keeping

TDS Return Filing

Individual Income Tax Filing

Proprietorship Tax Return Filing

ITR for LLP

Corporate Tax

Income Tax Assessment

Income Tax Notice

Virtual CFO

Convert Your Business

Proprietorship to Pvt Ltd Company

Compliance Check - Secretarial Audit

Due Digilence

RBI Compliance

Convert Partnership into LLP Company

Convert Private into Public Limited Company

Convert Private into OPC Company

Others

Fundraising

NGO Registration

NGO Compliance

Property

Property Title Verification

Property Registration

Rera Complaint

Licenses & Registrations

Gun License

Name Change & Other Conditiions

Name Change

Religion Change

Gender Change

File an e-FIR

Online Police Complaint

Marriage

Marriage Registration

Court Marriage

Mutual Divorce

Divorce Alimony

Restitution of Conjugal Rights

Immigration

Corporate immigration

Family immigration

College immigration

File a Consumer Complaint

Online Consumer Complaint

E-Commerce Consumer Complaint

Insurance Consumer Complaint

Lawyer Services

Labour Law Advisor

Criminal Lawyer

Labour Lawyer

Consumer Court Lawyer

Intellectual Property Lawyer

Trademark Lawyer

Reply to ITR Notice

Expert Services

Technology, Media and, Telecom (TMT)

Risk Management and Regulatory Risk

Attention: File MGT 7/7A by Nov 29 to stay penalty-free! Talk to our expert

What Is Trademark Infringement?
Types of Trademark Infringement
Cases of Trademark Infringement
Penalties or Punishment
Documents Required
Procedure
Defenses Against Trademark Infringement
How to Avoid Trademark Infringement
Why Vakilsearch?
Frequently Asked Questions
DashNew

Frequently Asked Questions

What happens when trademark infringement occurs?

When someone uses your registered trademark without authorization, or uses a confusingly similar mark, it's considered infringement. This can lead to:

Loss of market share and brand reputation: Consumers may be confused about the source of products or services.

Financial damages: You may lose profits and be liable for damages caused by the infringement.

Legal action: You can file a lawsuit against the infringer to seek injunctions, monetary damages, and other remedies.

Where to file a trademark infringement case?

The jurisdiction where you file depends on various factors, like the location of the infringer, where the infringement occurred, and the specific rules of your country. Consult an attorney for guidance on the proper court for your case

What are the defenses to trademark infringement?

Common defenses include:

Fair Use: Using the trademark to describe goods or services truthfully, not to mislead consumers.

Prior Use: If you used the mark before the owner registered it in a specific area.

Abandonment: If the owner stopped using the mark for an extended period.

Genericide: If the mark has become a common term for the product or service, not a specific brand.

What are the consequences of trademark infringement?

If found guilty, the infringer may face

Injunctions: Orders to stop using the infringing mark.

Monetary damages: Compensation for your losses and profits gained by the infringer.

Attorney's fees: Covering your legal expenses in the case.

Criminal penalties: In some cases, especially for willful counterfeiting

How can I find out if a trademark is registered?

You can search national trademark databases, often available online from your country's intellectual property office. Services like USPTO (US) or TESS (EU) can help you check international registrations.

What can I do to protect my trademark from infringement?

Register your trademark with the relevant authority. Be vigilant and monitor for potential infringement. Consult an attorney for legal advice and action if necessary.

India's Most Trusted Accounting and GST Invoicing Platform

Easy GST Invoicing
Seamless Inventory Management
3x faster payments
Customer Management

Get free access for Dash. For more details, talk to our relationship manager

Get Started

Trusted by 400,000 clients and counting, including …

Authors

Written by Nithya, Reviewed by Karan Mehta. Last updated on May 29 2024, 10:21 AM

Karan Mehta B.A. LLB (Hons) graduate, is an expert in IP Infringement, copyright registration, Trademark, music protection & provisional patents.

Nithya Ramani Iyer, a criminologist and writer, serves as the SME and manages communications at Vakilsearch. Drawing from her experience at Seasearch Intelligence and Legal domains, she enriches our content with insightful perspectives.