Consequences for trademark infringement

Trademark is a type of intellectual property rights. It is a sign, symbol, design, color or combination of these and can be distinguished and identified with uniqueness or a trade asset which can give a distinct appearance in different goods/products. It represents the company and products or services. Under the civil suit litigation penalties for trademark infringement includes injunctions. Some examples include brand names, slogans, and logos.

Exclusive rights using trademark:-

Trademark once registered then the owner is entitled to exclusive rights that include,

Right to use the trademark, and no one else shall use identical or similar trademarks,

Right to license, prohibit anyone from using identical or similar trademarks without permission or unauthorized use of the trademark,

The right of the mortgage, assign the registered trademark to anyone else in accordance with law, either paid or unpaid.

The right to the assignment, inherited by its rightful heir according to the order of inheritance as the incorporeal property.

The owner gets benefitted by registering under the law and avails advantage for obtaining legal remedies and unauthorized use of the trademark. If someone is using an unauthorized trademark and making profit knowingly or unknowing, then the owner of the trademark can sue the violator under the lawsuit because the violation of the exclusive rights of the owner has been infringed. An owner of a trademark may commence legal proceedings against a party which infringes its registration. The owner must be proving the infringement of the trademark.

 

Following legal consequences of trademark infringement:-

Under the civil suit litigation penalties for infringement of trademark includes injunctions and monetary damages as well as a fee of the attorney:-

Injunction:– the owner may send a notification regarding the ceasing of an authorized use of the trademark being intentional or unintentional. To avert the owner from using you trademark that creates confusion can be stopped forcefully by legal or by the court’s order and additionally imposing a fee. The court may order to stop using the trademark, the same order is called an injunction. The opponent party must change the features that amount to the infringement of trademark which is illegal.

Monetary damages:– the owner can recover the damages for violation of trademark after proving the illegal use of it. Damages include the profit of the violator while using the trademark or service mark through which the owner had incurred losses. If the violator is intentionally using the trademark for profitable business purposes, it must be proved that it was an intentional action, then the court may impose an additional damage cost. The owner can also thereby, impose the fee of the attorney as well as of the lawsuit.

Consequences of infringement of the trademarks is a serious offense and have penalties in the form of damages by legal consequences of violation of owner’s exclusive rights on the trademark.

Do you have a Trademark? Do a Free Trademark Search before applying.

By |2018-10-25T06:14:02+00:00December 26th, 2016|Categories: Trademark|0 Comments

About the Author:

Himanshu Jain is the founder of LegalRaasta – India's top portal for registration, trademark, return filing and loans. Himanshu is a CFA (US) & MBA (ISB). He has over 8+ years of corporate / consulting experience with top firms like McKinsey