A trademark process occurs when an individual or an organization declares ownership of a distinctive mark, symbol or logo by filing the trademark registration application with the Indian Trademark Registrar Office, Controller General of Patents Designs and Trademarks. After a trademark is registered it gets the privilege to avail legal protection against trademark infringement under the Trademark Act of India.
In this blog, let’s get into the details of the penalties and legal consequences applicable to trademark infringement in India.
There are primarily three types of common trademark infringement as mentioned below:
A trademark infringement takes place when a trademark used by an individual or organization is similar to the registered trademark rights of another individual or organization in the jurisdiction. The popular way a trademark test is conducted for testing infringement are:
In the process of proving trademark infringement, it would be helpful for the registered trademark owner to show proof of which the trademark infringer is a competitor with comparable products or services.
Unauthorized Use of Trademark
By law, a penalty and imprisonment are applicable for any individual who is deemed to be incorrectly using a registered trademark or falsifying.
An individual is considered to be using an unauthorized trademark if:
An individual is considered to be inappropriately using the trademark for products or services if:
Penalty For Applying For An Unauthorized Trademark
An individual is considered to be applying for a trademark wrongfully if:
In case of any of the above offences, an individual is punishable with imprisonment for a time period of minimum six months which can also extend to three years with an additional fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
Penalty For Selling Products or Services with Unauthorized Trademark
Any individual who either sells products or services through an unauthorized trademark or false trade details is considered to be a punishable act with imprisonment for a term of not less than six months and up to three years. A fine of fifty thousand to a maximum amount of two lakh rupees.
However, an individual can be safe from being punished if he/she proves:
Incorrectly Representing The Trademark As Registered
If an individual for any reason falsely represents an unregistered trademark as registered in regard to any products or services; then he/she by law is punishable with imprisonment for a term which may extend to three years or with fine, or both.
This content was originally published here.