What is trademark infringement in India?
In simple words, trademark infringement is the unauthorised usage of a mark that is identical or deceptively similar to a registered trademark. The term deceptively similar here means that when an average consumer looks at the mark, it is likely to confuse him/her of the origin of the goods or services.
What is the criteria of infringement of trademarks?
What does Infringement of Trademark mean? Trademark infringement in India is defined under Section 29 of the Trademarks Act, 1999. Simply put, when an unauthorized person uses a trademark that is ‘identical’ or ‘deceptively similar’ to a registered trademark, it is known as infringement.
What is trademark infringement examples?
One common example of trademark infringement is where clothing manufacturers attach brand labels to generic items, attempting to have them “pass off” as authentic. Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices.
Which case is related to infringement of trademark?
The plaintiff, Coca Cola claimed permanent injunction and damages for infringement of trademark and passing off. The court granted an interim injunction against the defendant (Bisleri) from using the trademark MAAZA in India as well as for export, which was infringement of trademark.
What are the common forms of infringement?
A. Direct infringement: Direct infringement is the most apparent and common type of infringement. This infringement includes marketing, sale or commercial use of a similar patented item or invention that performs substantially identical functions. Direct infringement is of two types – literal and nonliteral.
How do I file a trademark infringement in India?
Where do I file trademark infringement cases in India? A trademark infringement case can file in a district court where the person instituting the suit for infringement resides or carries on business.
What are the examples of infringement?
Modifying an image and then displaying it on your company’s website. Creating merchandise for sale which features copyrighted words or images. Downloading music or films without paying for their use. Copying any literary or artistic work without a license or written agreement.
What is passing off in IPR?
Meaning of Passing-Off Passing off is used to protect or safeguard the goodwill attached to an unregistered trademark. The principle of passing off, i.e. “Nobody has the right to represent his goods as the goods of somebody else” was decided in the case of Perry v Truefitt (1842).
What is the procedure to register a trademark in India?
India: Process: Trademark Registration In India
- Trademark Registration Process:
- Step 1: Trademark Search.
- Step 2: Filing Trademark Application.
- Step 3: Examination.
- Step 4: Publication.
- Step 5: Registration Certificate.
- Step 6: Renewal.
What are the two types of trademark infringement?
Defendants in a trademark infringement or dilution claim can assert basically two types of affirmative defense: fair use or parody. Fair use occurs when a descriptive mark is used in good faith for its primary, rather than secondary, meaning, and no consumer confusion is likely to result.
How do you prove trademark infringement?
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …