Litigation of Trademark

Litigation of Trademark

Registered trademark provides a bundle of exclusive rights to the registered proprietor of the trademark. It includes the right to use along with preventing others against the unauthorised use. It is usually felt that either deliberately or unknowingly, the marks are being copied by the people and caused losses to the owners.

Along with an Infringement (Sec.27), the Passing-Off (Sec.28), dilution (Sec.102, 103) and several other acts committed by the people. For protecting the legal rights, there are the law available in the act and rules for the best protection of the legal rights of the brand owners. An infringement petition u/s.134, 135 can be filed before the court for an appropriate order including the realization of damages and a restraining order. The infringement proceedings can be initiated before the district court whereas for the high valuation matters can be fired directly with the high court of the state where the infringement is committed.