Trademark Infringement

Trademark Infringement

Once a trademark is registered, it provides the exclusive rights to its registered proprietor/owner to use it. No other persons can use it except those who are either the permitted users or prior users. Except the registered proprietor/ owner, the others can use it under an agreement and/or an Assignment and /or License.
If no kind of any permission is granted, the person/s found using, copying the mark, will be termed as infringers and their act of unauthorized use will be termed as infringement against the registered mark.

In an infringement, the registered proprietor/owner can file a petition under sections 27, 29, 102,103 for the damages u/s.134, 135 of the Trademarks Act, 1999 before the authorized court and seek damages including the loss of Goodwill and/or reputation along with financial losses incurred on serving a Cease & Desist notice on the infringer. The registered proprietor/owner can request with the Hon’ble Court for a seizure of the infringing materials, for withdrawal of the marks/applications and others