Trademark Litigations are now-a-days quite prominent in countries of the world over, caused mainly by ever-growing business competition, and easier means of duplicity that use the constantly refining technologies. In this article, we offer our visitors and clients comprehensive information about trademark litigation and trademark litigation process. But, before going on further and deeper, it would be very gratifying to give an explicit description over the topic 'what is trademark litigation'. Any litigation that essentially involves issues, matters, and disputes relating to trademarks, can be generically called trademark litigation. However, the most common type of trademark litigation is the trademark infringement litigation. Such a civil litigation can readily be filed at the State, Federal, or International law courts, for the purposes specified. The main motives of filing trademark infringement lawsuit are prompt injunction on further infringement and due compensation for all damages inflicted to the business of the registered trademark owner. The entire trademark litigation processes are described below. Our trademark attorneys and litigators with national and international reputation, provide rigorous and elegant services in connection with trademark litigations in all around India and the world expertly.
What is Trademark Litigation Process
The trademark litigation process begins with filing a trademark infringement lawsuit at the concerned State, Provincial, Federal, or International court of the law. However, full confirmation regarding the alleged infringement is advised through investigations and evidences. Generally, such a lawsuit is filed by the registered owner of the trademark, seeking complete and brisk injunction on the further continuance of infringing activities and recovery of compensation caused. Our judicious law firm has been advocating for and serving trademarks of almost all economic fields in India and abroad, for over a decade.A trademark litigation process, generally encompasses the following steps or phases:
- The registered trademark owner or plaintiff files a trademark infringement lawsuit, demanding injunction on infringing activities, together with compensation due
- The defendant is then informed about this lawsuit, and is given necessary time to make response for the accusation
- The defendant may or may not agree with the allegations. In any case, he/it has to present evidences to support his/its side.
- The plaintiff too has to present evidences in favor of allegations made.
- Then, after scrupulous examination of all evidences forwarded from the both sides, an equitable resolution or judgment is demanded from the judge. The defendant may opt for a summary judgment, for brisk resolution.
- If not so, the case enters into the trial phase, for the best resolution.