Trademark Infringement
Trademark infringement occurs when someone uses a registered trademark — or a mark that is deceptively similar — without the permission of the owner. This misuse can confuse consumers, damage brand reputation, and cause financial loss to the rightful owner.
In India, the Trade Marks Act, 1999 protects registered trademarks and gives the owner exclusive rights to use the mark for their goods or services. If someone copies, imitates, or misuses your trademark, you have the legal right to take action against them.
Frequently Asked Question about Enforcement
How do I know if my trademark is being infringed?
Look for signs like copied logos, similar brand names, or counterfeit products being sold under your name. Regular market monitoring helps detect misuse early.
What should I do if I suspect infringement?
Collect evidence, document the misuse, and consult an IP lawyer immediately. Often, a legal notice (cease-and-desist) is the first step.
What actions can be taken against an infringer?
You can send a cease-and-desist letter, file a civil lawsuit for injunction and damages, and in some cases, pursue criminal action if counterfeiting is involved.
Can I claim damages for trademark infringement?
Yes. If you prove infringement, the court may award damages or profits gained by the infringer, along with legal costs.