<\/span><\/h3>\nIn any country that has laid down acts and rules to safeguard trademarks, patents, or copyrights, their infringement becomes a cognizable offense. It means that authorities have the right to arrest the offender, impose fines, and conduct a criminal investigation.<\/p>\n
Within brand and trademark registration, trademark remedies refer to legal actions that safeguard companies in case their trademark is used without their permission. It is a judicial relief exercised by the companies and through which these entities can ask offenders to compensate for the harm they inflicted on their business.<\/p>\n
Civil Remedies:<\/strong> Civil remedies within the trademark registration involve imposition of injunction orders, seeking compensation for damages, and other steps through an order of court.<\/p>\n\n- Injunctions:<\/strong> Injunctions are court orders compelling an offender to stop doing the specific action that causes harm or damage to the aggrieved party. In case of trademark infringement, the court can order the offender to stop using the mark. Injunction can be permanent or temporary.<\/li>\n
- Damages:<\/strong> An aggrieved company can seek compensation for the damages caused by the offender. Compensation can be in the form of reimbursing monetary amounts and additional amounts for intangible damages caused to the business.<\/li>\n
- Account of Profits:<\/strong> Imagine a company that stole the mark of a well-established brand and earned a huge amount of profits by capitalizing on its goodwill and reputation. In this case, the original owner of the trademark can ask the infringer to disclose their earned amount and surrender all of the profits accumulated through unauthorized use of the mark.<\/li>\n
- Passing Off:<\/strong> Passing off is an act of selling goods and services with a trademark that is deceptively similar to another brand\u2019s trademark. This is mainly done to deceive the customers into believing they are buying the original products.<\/li>\n
- Seizure of Infringed Goods:<\/strong> The court can order the authorities to seize and destroy counterfeit goods or products that bear an infringed mark.<\/li>\n
- Cancellation of Trademarks:<\/strong> The court can issue orders to cancel the trademark registration of an individual or company that has infringed on the mark of others.<\/li>\n<\/ul>\n
Criminal Remedies:<\/strong> Criminal actions punish offenders through legal proceedings and deter them from future offenses. Sections 103, 104, and 105 of the Trademarks Act 1999 lay down guidelines on criminal remedies for trademark infringement in India.<\/p>\n\n- Imprisonment:<\/strong> Trademark Registration empowers brands to take legal action which may conclude with severe criminal charges and imprisonment. In India, contravening the Trademark Act 1999 regulations can lead to the imposition of imprisonment of a minimum of 6 months, extending up to 3 years.<\/li>\n
- Fines and Penalties:<\/strong> In India, infringing on the trademark of any existing brand can also attract penalties and fines of a minimum of INR 50,000. This can be increased up to INR 2 Lakhs.<\/li>\n
- Criminal Lawsuits:<\/strong> Any aggrieved party under the trademark infringement can approach the magistrate to file a complaint or register a First Information Report (FIR) at the local police department.<\/li>\n<\/ul>\n
Avail our services to seamlessly secure your trademark registration certificate, conduct trademark search, and trademark monitoring, and Ultimate Guide to Online Trademark Registration in India.<\/p>\n