Trademark Infringement Services in India
Protect Your Brand the Right Way
Safeguard your brand from unauthorized use with Tax Pal Solutions. We ensure strategic legal action and proactive measures to protect your trademark rights across India.
Our Services Include:
- Trademark Search & Clearance Report
- Legal Notice Drafting & Brand Monitoring
- Expert Representation in Courts
- Proactive Infringement Detection & Prevention
- Transparent & Affordable Pricing
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Overview of Trademark Infringement
Trademark infringement occurs when someone uses a registered mark without permission, likely causing consumer confusion. Under the Indian Trademarks Act, 1999:
- Unauthorized use can be challenged legally.
- Infringement includes logos, brand names, or distinctive marks on similar or related goods/services.
- Even unrelated goods can infringe if they exploit a well-known mark’s reputation.
When Does Infringement Occur?
| Type | Description | Example |
|---|---|---|
| Identical Mark on Similar Goods | Same mark on goods similar to yours | KRBL Ltd. vs. Praveen Kumar Buyyani – BHARAT GATE vs. INDIA GATE |
| Similar Mark on Identical Goods | Nearly identical mark causing consumer confusion | Coca-Cola vs. Coke – local non-carbonated drinks |
| Famous Mark Dilution | Famous mark used on unrelated goods | Louis Vuitton vs. Chewy Vuitton – dog accessories |
| Passing Off (Unregistered Marks) | Misleading use of an unregistered trademark | Cadbury vs. Neeraj Food Products – “James Bond” chocolates |
Legal Framework: Trade Marks Act, 1999
- Section 28: Grants exclusive rights to trademark owners.
- Section 29: Defines infringement – unauthorized use of identical/confusingly similar marks.
- Section 30: Exceptions – e.g., resale of genuine goods.
- Sections 103–105, 134–135: Remedies – civil and criminal penalties.
Civil Remedies: Injunctions, damages, destruction of infringing goods, accounts of profits.
Criminal Remedies: Imprisonment (6 months–3 years), fines (₹50,000–₹2 lakh), seizure of infringing items.
Types of Infringement
Direct Infringement
Occurs when someone directly uses your mark without authorization. Examples:
- Identical mark on same or similar goods.
- Confusingly similar mark on related goods.
Case Example: Daimler-Benz v. Hybo Hindustan – infringing “Benz” logo on clothing.
Indirect Infringement
Occurs when a party assists or benefits from infringement. Types:
- Contributory Infringement: Providing tools or services for infringement.
- Vicarious Liability: Employer held responsible for employee’s infringing acts.
Steps to Address Trademark Infringement
- Gather Evidence: Photos, invoices, packaging, online listings.
- Legal Notice: Cease & desist letter detailing rights and demanding compliance.
- Civil Suit: Seek injunctions, damages, accounts of profits, destruction of goods.
- Criminal Action: File under Sections 103–105 for counterfeiting or fraudulent use.
- Mediation & Settlement: Negotiate resolution with legal counsel guidance.
Preventive Measures
| Measure | Description |
|---|---|
| Trademark Registration | Grants statutory protection nationwide. |
| Regular Monitoring | Monitor new trademark filings and online platforms. |
| ™ / ® Symbols | Indicate ownership and deter infringement. |
| Domain & Online Protections | Secure related domain names & file takedown notices. |
| Customs Recordal | Register mark with Indian Customs to block counterfeit imports. |
Landmark Cases
- Yahoo! Inc. v. Akash Arora (1999): Domain name passing off.
- Amazon v. Happy Belly Bakes (2017): Trademark infringement by a large corporation.
- Coca-Cola v. Bisleri (2009): Protection of transferred brand rights.
- Daimler-Benz v. Hybo Hindustan (1993): Direct infringement of famous mark.
- Cadbury India v. Neeraj Food Products (2007): Passing off for packaging/branding.
- Starbucks Corp. v. Sardarbuksh Coffee (2018-19): Deceptively similar logo protection.
Why Choose Tax Pal Solutions?
- Expert guidance on infringement detection and legal strategy.
- Proactive monitoring of your brand to prevent misuse.
- Assistance in filing civil and criminal remedies.
- Nationwide support to protect your intellectual property rights.
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