Procedure to Report Trademark Infringement | IP Attorney in Delhi NCR | IP Lawyer in Delhi NCR |

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Trademark infringement happens when one party uses the trademark of another party in a manner which is not authorized. Trademark infringement is the violation of the exclusive rights attached to the registered trademark which is attached to the use of such trademark without authorization of the legitimate trademark owner of the registered trademark.

How can I report trademark infringement?
The Section 29 of the Trademark Act of 1999 deals with trademark infringement. Under this section, infringement can take place by a person who is not authorized to use the mark, the usage on such mark should be deceptively similar to that of the original mark and cause confusion in the minds of consumer and the infringing mark must be used in the course of regular trade in which the registered proprietor has already been registered. One can report about the infringement of their trademark whether registered/unregistered by filing a criminal complaint as under the Trademark Act of 1999, the offences under the Act are cognizable I.e. the authorized owner can lodge a criminal complaint against the perpetrator and the police can prosecute the offenders directly.

A trademark infringement lawsuit may be filed in the District Court where the individual who is bringing the suit lives or does business. There would be no trademark infringement if the similarities between the alleged infringement’s terms, photographs, and other elements did not cause ordinary purchasers of the products to be confused. A trademark used in the course of legitimate business activities with no intent to gain an unfair advantage is therefore not in violation of trademark law. The Court can provide several remedies for a complaint for trademark infringement and will issue a temporary injunction even before a final decision is reached in the case. This is usually done if the infringement is expected to continue and causes irreparable damage to goodwill. The Court can also grant punitive (to punish the offender) or compensatory damages (to compensate for business losses). As a result, the Court can order the destruction of products bearing the infringing mark as well as compensation for legal fees. An individual who wants to file a trademark infringement lawsuit must provide proof of the trademark’s registration and use. As a result, the records of communication with the Registrar of Trademarks and the trademark registration certificate serve as clear evidence.

But then before taking any action, an online search will be conducted before filing a lawsuit against a company. If the other party has a previous claim to the trademark, all other elements of trademark infringement must be shown, such as misleading resemblance, harm to the proprietor’s company, and unfair use. Another unique protection granted to the owner of a registered trademark is that, in the event of trademark infringement, Section 134 (2) of the Act grants the registered proprietor the right to file an infringement lawsuit within the geographical limits of the Court in which the trademark proprietor lives or works for a living. This usually refers to the site of a company’s registered office or its principal place of operation. Of course, the usual territorial jurisdiction established by Section 20 of the Civil Procedure Code (CPC) of 1908 is also available.

The Court has the option to pass any of th order(s) i.e.:

1. Temporary and Permanent Injunction
2. Goods Confiscation & Destruction
3. Compensation & Damages
4. Legal Proceedings Costs

In case the perpetrator is booked under criminal charges then the Court may order for

1. Imprisonment between six months and three years
2. Fine between Rs. 50,000/- & Rs. 2,00,000/-

 

As a final word of warning, a registered trademark proprietor may use Section 134 as a weapon to drag a Defendant to a venue that is inconvenient to the Defendant. However, the Courts have always tried, in their wisdom, to prohibit such a violation of the statute. The provisions of Section 134 of the Trade Marks Act of 1999 are in addition to Section 20 of the Civil Procedure Code of 1908, are explained by the Hon’ble Supreme Court in Indian Performing Rights Society Limited v Sanjay Dalia (Civil Appeal Nos. 10643-10644/2010) and the Delhi High Court in Burger King Corporation v Techchand Shewakramani (CS (Comm) 919/2016 & CC(Comm) 122/2017)

Hence it is settled that the offence of infringement is considered as a cognizable offence in the statute, and if the aggrieved person can establish that his trademark rights are being violated by a third party then he/she not only gets protection under the Trademark Act of 1999, but also under other laws.
Authored By: Adv. Anant Sharma & Swayamsiddha Das