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What Constitutes Trademark Infringement?
Trademark infringement occurs when an unauthorized party uses a mark that is identical or deceptively similar to a registered trademark, leading to confusion among consumers. Under Section 29 of the Trademarks Act, 1999, infringement can occur in various forms, such as:
1. Using an identical or similar mark for goods/services covered under the registered trademark.
2. Using a mark that takes unfair advantage of the reputation of a well-known trademark.
3. Using a mark that causes dilution or garnishment of a registered trademark.
Penalties for Trademark Infringement in India
The penalties for trademark infringement in India are stringent and aim to deter unauthorized use of registered trademarks. The following are the key penalties:
1. Civil Remedies
• Injunction: The court may grant a temporary or permanent injunction to prevent the infringer from using the trademark.
• Damages or Account of Profits: The infringer may be required to pay damages to the trademark owner or surrender the profits earned from the unauthorized use.
• Destruction of Infringing Goods: The court may order the seizure and destruction of goods bearing the infringing mark.
• Costs of Legal Proceedings: The infringer may be required to bear the legal costs incurred by the trademark owner.
2. Criminal Remedies
• Imprisonment: The infringer may face imprisonment for a term not less than six months, which can extend up to three years.
• Fine: The court may impose a fine ranging from INR 50,000 to INR 2,00,000.
• Cognizable Offense: Trademark infringement is a cognizable offense, meaning the police can arrest the infringer without a warrant.
3. Administrative Remedies
• The trademark owner can file a complaint with the Registrar of Trademarks, who may take administrative action against the infringer.