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TRADEMARK INFRINGEMENT

 

Trademark Infringement under the Trademark Act 2017

Introduction: Your brand’s identity is its most valuable asset, and trademark infringement poses a significant threat to its uniqueness and recognition in the market. Under the Trademark Act 2017, trademark infringement is a serious violation that can harm your brand’s reputation and consumer trust. 

Heading 1: Understanding Trademark Infringement under the Trademark Act 2017 Trademark infringement occurs when a third party uses a mark that is identical or similar to your registered trademark for the same or related goods or services, causing confusion among consumers. Section 29 of the Trademark Act 2017 provides legal protection against infringement.

Heading 2: Recognizing Trademark Infringement

  • Identical or Similar Use: Infringement can arise when a third party uses a mark that is identical or closely resembles your registered trademark.
  • Related Goods or Services: If the infringing use is for goods or services similar to those covered by your registered mark, it may cause confusion among consumers.
  • Likelihood of Confusion: The key factor in infringement cases is the likelihood of confusion among consumers, leading them to believe that the products or services originate from the same source as your brand.

Heading 3: Types of Trademark Infringement

  • Direct Infringement: Occurs when someone uses an identical or confusingly similar mark for similar goods or services without permission from the trademark owner.
  • Indirect Infringement: Arises when a third party facilitates or assists in the infringement by knowingly providing goods or services using the infringing mark.

Heading 4: Actions Against Trademark Infringement

  • Cease and Desist Letter: The first step is often sending a cease and desist letter to the infringing party, demanding that they stop using the infringing mark immediately.
  • Mediation or Settlement: In some cases, parties may opt for mediation or settlement discussions to resolve the infringement issue amicably.
  • Trademark Opposition or Cancellation: If the infringement persists, you may consider filing an opposition or cancellation proceeding before the relevant authority.
  • Legal Action: As a last resort, initiating legal action through a trademark infringement lawsuit may be necessary to protect your brand’s rights and seek remedies.

Heading 5: Remedies for Trademark Infringement

  • Injunctive Relief: The court may issue an injunction to stop the infringing party from using the mark.
  • Damages: You may be entitled to recover financial compensation for losses incurred due to infringement.
  • Accounting of Profits: In some cases, you may seek an account of the profits the infringing party gained through unauthorized use of your mark.
  • Seizure or Destruction of Infringing Goods: The court may order the seizure or destruction of goods bearing the infringing mark.

Conclusion: Trademark infringement is a serious threat to your brand’s identity and reputation. Under the Trademark Act 2017, brand owners have the legal right to protect their trademarks from unauthorized use. By recognizing infringement, taking appropriate actions, and seeking necessary remedies, you can ensure your brand’s continued protection and preserve its uniqueness in the market. Engage the support of a knowledgeable trademark attorney to infringement cases, enforce your rights, and maintain your brand’s reputation as a trusted and legally protected entity.



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