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Trademark Infringement means the unauthorized or illegal use of a registered Trademark in a manner that leads to confusion and deception about the source of the goods/services of the original owner. It is simply described as the infringement of exclusive rights associated with a registered Trademark without the consent of the registered owner or licensees. The courts have often stated that the resemblance between two marks and their types of products and services may lead to confusion in the eyes of the public. Such confusion could help the infringer/ copying mark and improperly benefit them with profits from the well-earned reputation of a registered brand. Authorities have often stated that it must be established that the infringing Trademark is confusingly similar to or identical to the registered Trademark in order to successfully prosecute someone for Trademark Infringement.

What may constitute Trademark Infringement?

• Falsification and depiction of the Trademark to confuse the consumers
• Falsely indicating name of the parent country where the goods have been manufactured or the name or address of the manufacturer, as infringers.  
• Advertising someone else’s Trademark with a dishonest intention to take unfair advantage   
• Altering or tampering with the indication of origin that is applied or required to be applied to a product
• Modifying or tampering with an original Trademark of the product

Trademark Infringement can be performed either directly or indirectly. Direct infringement falls under Section 29 of Trade Marks Act, 1999 and accordingly if an unauthorized person uses a similar or deceptively similar mark which has already been registered for the same goods/services then he/she shall be accountable for direct infringement of Trademark. Whereas, for Indirect Infringement there is no specific legal provision. However, the infringer can still be held liable of Indirect Infringement if they aid or encourage or participate in committing a violation or Direct Infringement

An aggrieved party can avail both civil and criminal remedies against Trademark Infringement. The civil remedies are inclusive of temporary injunction, permanent injunction, damages, account of profits, destruction of goods using infringing mark and cost of legal proceedings. Criminal remedies include imprisonment for a period of not less than six months that may extend to three years or a fine that is not less than Rs. 50,000 that may extend to Rs. two Lakh. 

The Trademark Law has significantly evolved over time, and it currently offers protection to a Trademark at every stage. With the development of technology and communication, the Law anticipates that before registering their own Trademark, users would be reasonably aware of other existing Trademarks. No one is allowed to use any mark, no matter how similar, that could lead to consumer confusion or deceit.

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