Types of Trademark Infringement and What is Trademark Enforcement in India?

The competition in the Indian market is quite extreme! For any enterprise to flourish in the market, they need to create brand value or recognition. The simplest form to do so is through achieving a trademark! The Trademarks Act 1999 is legislation that works on safeguarding the trademarks in India! This act lays several rules for registration, penalties, protection, and infringement.

Any company can face trademark infringement or unauthorized use of a trademark! That is when trademark enforcement in India becomes a necessity! Through this, you secure your rights and prevent unlawful activity. Let us understand in detail about the same.

Types of direct trademark infringement

Let us understand the different types of trademark infringement in India.

An unauthorized person using it:

It means an unauthorized person who is not a legal holder of the mark violated the trademark. They are not authorized, or they haven't registered the mark under their name, but they are using it.

Deceptively similar mark:

The trademark used by an unauthorized person should be either identical to the registered mark or relatively similar. The consumer gets confused between the original mark and the similar one. As long as a similar mark is creating misrecognition, it is enough to prove trademark infringement.

Registered trademark:

The act only considers marks registered under the trademark registry in India. If the case concerns an unregistered mark, then no law considers such a settlement dispute.

Types of indirect trademark infringement

When talking about the Trademarks Act 1999, there is no provision to deal with infringement of such speciality. However, such infringement holds not only the infringer accountable but all the other individuals who encouraged or assisted the infringer.

A person apart from the infringer is liable for the infringement when:

• They know the infringer is committing an unlawful act
• Or when they help the infringer with material or information to commit the infringement

Enforcing a trademark

Most infringement case starts with sending a letter to the infringer, and it is a cease letter that demands the infringer to stop immediately. The registered trademark holder can write this letter or use a business letterhead to inform the infringer about their authenticity. Usually, people hire a lawyer or legal professional to help them write a demand letter.

It is going by the legal way and taking help from a professional who understands trademark enforcement in India and the laws. The lawsuit, however, comes into the picture only when the cease letter doesn't work. Even after warning the infringer, you can proceed with the lawsuit if they don't stop infringing your right. Lawsuits are expensive, but if it is comprising your brand value, it is best to seek legal help.

Remember, an unregistered trademark can not proceed to a court of law. You can file a case if the mark is registered and someone else uses it against your will. If the lawsuit is successful, the next step is issuing an injunction. It is the court's way of informing the infringer to stop using the mark. In some instances, you have a chance to recover the damages that resulted due to misuse.

If you believe the infringer used the mark intentionally and can prove it in court, it will help you recover damages. Remember, you must fight for your rights if your trademark has been compromised due to misuse of the mark. Safeguarding a trademark is a vital element in the success of the business. And it is crucial to use and monitor them regularly in case they get infringed.

Wrapping up

Now that you know about trademark enforcement in India, you as a business must consistently watch your brand's trademark! If you believe any other company is using your mark to garner business, you have the right to stop it. Firstly, it is best to register your mark since you can only take legal action against the infringer. And then work hard on creating brand value and recognition through the mark.