Applicable Laws & Procedure to Report Trademark Infringement by a Foreign Individual or a Foreign Corporation in India: Legal Advice by FDI Attorney in India

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When a foreign individual or a foreign corporation believes that their trademark rights are being infringed upon in India, it is important to understand the applicable laws and procedures for reporting and addressing trademark infringement. Trademark infringement occurs when someone uses a trademark that is identical or similar to an existing registered trademark in a way that may confuse or deceive consumers. This article provides an overview of the applicable laws and procedures for reporting trademark infringement by a foreign individual or corporation in India.

Applicable Laws:
1. The Trademarks Act, 1999: The Trademarks Act is the primary legislation governing trademark registration, protection, and enforcement in India. It provides legal protection to registered trademarks and allows the trademark owner to take action against any unauthorized use of their mark.
2. The Indian Penal Code, 1860: The Indian Penal Code includes provisions related to criminal offenses, including counterfeiting and fraudulent use of trademarks. In cases of serious trademark infringement involving counterfeiting or fraud, criminal action can be initiated against the infringer.

Procedure to Report Trademark Infringement:
1. Gather Evidence: The first step in reporting trademark infringement is to gather evidence to support your claim. This may include photographs, samples, purchase receipts, advertisements, or any other relevant documents that demonstrate the unauthorized use of your trademark in India. Strong evidence strengthens your case and increases the chances of successful enforcement.

2. Consult with an Intellectual Property Attorney: It is advisable to consult with an intellectual property attorney who specializes in trademark law in India. They can provide guidance on the best course of action and help you navigate the legal process. An attorney will review your evidence, assess the strength of your case, and advise you on the appropriate legal remedies available.

3. Cease and Desist Letter: In many cases, sending a cease-and-desist letter to the alleged infringer is the first step in addressing trademark infringement. The letter should clearly state the basis of your claim, provide evidence of the infringement, and demand that the infringing activities cease immediately. It may also request compensation for damages caused by the infringement. The letter should be sent by registered post or through a reliable courier service to ensure proof of delivery.

4. Trademark Opposition: If the infringing mark is in the process of being registered or has recently been registered in India, you can file a trademark opposition with the Trademarks Registry. This involves submitting a notice of opposition stating the grounds for opposing the registration of the mark. The opposition proceedings allow you to present your case and contest the registration of the infringing mark.

5. File a Trademark Infringement Lawsuit: If the infringing activities persist despite the cease and desist letter or if the trademark infringement involves substantial damages, you may consider filing a trademark infringement lawsuit in an appropriate court. The lawsuit will seek legal remedies such as injunctions to stop the infringing activities, damages or compensation for losses incurred, and legal costs.

6. Working with the Trademarks Registry: The Trademarks Registry is responsible for the administration and registration of trademarks in India. While they do not take direct action against infringers, they play a vital role in the enforcement process. You can submit evidence of trademark infringement to the Registry, which can be used to support your legal actions. The Registry may also initiate suo moto cancellation proceedings if it becomes aware of infringing marks.

7. Customs Recordation: If you anticipate that infringing goods bearing your trademark may be imported or exported to or from India, you can record your trademark with the Indian Customs Authorities. This enables Customs officials to identify and seize counterfeit or infringing goods at the border. The recordation helps in curbing the import or export of infringing goods and provides an additional layer of protection for your trademark.

8. Criminal Action: In cases of serious trademark infringement involving counterfeiting of products and/or duplication a complaint to Police can be lodged while reporting the incidents.
Authored By: Adv Anant Sharma

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