Your dreams deserve protection, and Compliance Calendar’s Expert is here to make sure they succeed. Directing business regulations can be overwhelming, but missing deadlines can lead to penalties or operational setbacks. Compliance Calendar Expert simplifies compliance with tailored solutions, timely reminders, and expert guidance. From tax filings to licensing renewals, and many more 375 plus Services Like Trademark Registration in Delhi, CDSCO Registration, EPR Registration, Drug License, ISO Certification, LEI Registration, Barcode Registration etc. They handle it all, so you can focus on growing your business.
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As a Legal Associate Manager at Compliance Calendar LLP, I specialize in trademark registration, working closely with the prosecution team to help businesses secure their brand identity. My expertise lies in docketing the complexities of Intellectual Property Rights (IPR) various stages with a focus on trademark registration, ensuring that our clients' trademarks are protected and compliant with legal standards.
At Compliance Calendar LLP, we are committed to providing top-notch IPR services, including trademark searches, applications, and ongoing support throughout the registration process. If you're looking for reliable and efficient trademark registration services, feel free to reach out to me via DM or email us at k.naresh@ccoffice.in. Let’s protect your brand together! And many more services rendering 375 Plus, Like CDSCO Registration, EPR Registration, Drug License, ISO Certification, LEI Registration, Barcode Registration etc.
Your dreams deserve protection, and Compliance Calendar’s Expert is here to make sure they succeed. Directing business regulations can be overwhelming, but missing deadlines can lead to penalties or operational setbacks. Compliance Calendar Expert simplifies compliance with tailored solutions, timely reminders, and expert guidance. From tax filings to licensing renewals, and many more 375 plus Services Like Trademark Registration in Delhi, CDSCO Registration, EPR Registration, Drug License, ISO Certification, LEI Registration, Barcode Registration etc. They handle it all, so you can focus on growing your business.
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.
Why You Should Not Apply for an International Trademark Without Basic Mark Registration
Nowadays global marketplace, businesses often seek to protect their brand identity across multiple countries. One of the most effective ways to achieve this is through international trademark registration. However, before applying for an international trademark under the Madrid System, it is key to first register the mark in your home country. This initial registration, known as a "basic mark," serves as the foundation for international protection.
Skipping basic mark registration and applying directly for international protection can lead to serious legal and financial risks.
Understanding the Madrid System
The Madrid System, administered by the World Intellectual Property Organization (WIPO), allows businesses to file a single application to seek trademark protection in multiple member countries. Instead of submitting separate applications in each country, applicants can designate multiple jurisdictions under one centralized system. However, a fundamental requirement of the Madrid System is that applicants must already have a registered or pending trademark application in their home country.
This home-country registration is referred to as the "basic mark," and it serves as the foundation for the international application. If the basic mark is rejected, canceled, or invalidated within the first five years, the international registration will also be affected.