Trademark Infringement of your registered mark occurs when someone uses your trademark without your permission or authorization. Trademark infringement, on the other hand, necessitates trademark registration. When someone uses a trademark that is deceptively similar to or identical to your trademark, he or she is liable under the Act for trademark infringement.
If consumers assume the trademarked brand/products are the same as your brand/products, a trademark is deceptively similar or identical to another trademark. Customers should be confused by the trademark used by another person for their items, causing them to believe that his or her products are the same as yours.
Circumstances Not Amounting To Trademark Infringement
Even when the other person uses your trademark, the IP Code outlines the circumstances that do not constitute trademark infringement. It is not trademark infringement when someone uses a trademark in accordance with fair trade practices in industrial or commercial activities. However, the trademark should not be utilized to gain an unfair advantage or to impair the reputation or unique character of your registered trademark.
When the trademark is used to describe the sort, amount, quality, or other qualities of the goods/services, the trademark is not infringed. When someone uses your registered brand for goods or services that come under a different class or service, it is not considered trademark infringement.
The following points should be checked before launching a trademark infringement claim against someone who is exploiting your trademark:
- Is your trademark registered?
- Is your trademark used for the same products/services as your products/services?
- Is the area of business or industry of the person using your trademark the same as your business?
- Is the geographical area of the trademarked products/services circulated in the same geographical area as your products/services?
- Whether a reasonable buyer who looks at the trademarked products/services is likely to feel they are similar or confused with your products/services?
If the answer to all the above questions is yes, then you can proceed to file a case for trademark infringement against the person who is using your trademark for his/her products or services.
Action against Trademark Infringement
When a trademark is infringed upon, you can issue a warning to the person who is using the same trademark to stop using it. If the individual who is using your trademark does not stop using it, you can give them a notice that legal action will be taken against them. After you’ve served notice, if the offender quits using your trademark, the case is over.
However, you can send a notice to the person who is using your trademark, claiming the damages your company has suffered as a result of the unauthorized use of your trademark, as well as the profits he has made from the use of your trademark. If the person denies your claim, you might bring a lawsuit against him for trademark infringement. Under the Act, you can sue for trademark infringement in both civil and criminal court. A civil claim for trademark infringement can be filed by the registered trademark owner in the District Court of the appropriate jurisdiction, which is the place where the registered trademark owner resides or conducts business. For falsely applying the registered trademark to his or her goods or services, the registered trademark owner might launch a criminal suit against the other person.