Encroachment on the legitimate rights of a trademark owner, without proper permission in any form, is called trademark infringement. A trademark infringement occurs when an individual or entity uses the registered trademark of others for selling or promoting its/his/her products or services, without taking proper legal permission from the trademark owner in form of a contract, license, etc. The trademark infringement arises also when the trademark being used by a company is confusingly or identically similar to the registered trademarks of other people or companies, and this is being done without an authoritative permission from the genuine trademark owner. Proper registration of a trademark offers its owner the exclusive right to sue against the infringers in such cases, and seek prompt injunction and compensation for the damages caused by such trademark infringement. More information about the trademark infringement law is given in the section below. Our worldwide acclaimed law firm located in India provides elegant and complete solutions to trademark infringement in domestic and international jurisdictions worldwide. We are widely and hugely famous for offering impeccable and economical services to 'trademark registration india' and trademark infringement india.
Trademark Infringement Law
Every country has its well-devised trademark law and trademark infringement law, for the best possible recognition and protection of trademarks in all its diverse economic sectors. In India, the new Trade Marks Act, 1999; and the Trade Marks Rules, 2002, provide provisions for sorting out trademark infringement cases in all business and profession fields. Besides such trademark law in each country, there are trademark infringement laws supported by TRIPS Agreement of WTO, Madrid Protocol of WIPO, Berne and Paris Convention, and the European Community Trademark (CTM) at international level. In general, in most of these trademark infringement laws, some elements are rather common and universal.The most important of such elements are the following, which provide evidence to the allegations of trademark infringement:
- That, the trademark of the infringer is confusingly identical or similar to the trademark of the registered trademark owner
- That, the factors confirming the likelihood of confusion are analyzed successfully
- That, the infringer is committing infringement upon the rights of the trademark owner for a long time, in the same field of business
- That, the infringer has acquired prominence in the market through doing this all
- That, the infringer is not oblivious to the laws concerned, and is committing these all willfully.