Trademarks are critical assets for businesses, representing brand identity, reputation, and goodwill. When someone uses a trademark without authorization, it constitutes trademark infringement, which can harm the business and mislead consumers. The Trade Marks Act, 1999 in India provides for both civil and criminal remedies to protect trademark owners and enforce their rights.
This blog explains the remedies available under Indian law, highlighting how trademark owners can safeguard their intellectual property.
Civil Remedies for Trademark Infringement
Civil remedies are typically sought through a court and aim to stop the infringing activity, recover losses, and prevent future violations. In India, these are provided under Section 135(1) of the Trade Marks Act, 1999.
1. Injunction
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An injunction is a court order that prevents the infringer from continuing the unauthorized use of a trademark.
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Temporary Injunction: Granted for a specific period to immediately stop infringement.
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Permanent Injunction: Granted indefinitely to prevent the infringer from using the mark in the future.
2. Damages or Account of Profits
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Damages: Compensation awarded to the trademark owner for financial losses suffered due to infringement.
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Account of Profits: The infringer must surrender all profits gained from unauthorized use of the trademark, even if the owner has not suffered direct financial loss.
3. Order for Delivery-Up or Destruction
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Courts can order the infringer to hand over or destroy all infringing labels, marks, or goods to prevent further misuse of the trademark.
Criminal Remedies for Trademark Infringement
Trademark infringement can also attract criminal liability under Chapter XII of the Trade Marks Act, 1999. These remedies are intended to punish deliberate or repeated violations of trademark law.
1. Offenses and Penalties
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The law defines specific offenses for unauthorized use of registered trademarks.
2. Imprisonment
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Offenders can face imprisonment for a term of not less than six months and up to three years, depending on the severity of the violation.
3. Fines
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In addition to imprisonment, fines ranging from Rs. 50,000 to Rs. 2,00,000 can be imposed on the infringer.
4. Enhanced Punishment
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Section 105 of the Act allows for stricter penalties in cases of repeated or particularly severe infringement, emphasizing the seriousness of protecting trademarks.
Other Considerations
Passing Off
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Even unregistered trademarks are protected under common law through passing off, which prevents others from misrepresenting their goods or services as those of another.
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Remedies under passing off can include injunctions, damages, and accounts of profits.
Voluntary Assurance
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In some situations, parties may choose amicable resolution instead of formal litigation.
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The infringer may give a voluntary assurance to stop infringing activities and may reimburse the complainant for expenses incurred.
Conclusion
Protecting a trademark in India involves more than just registration — it requires active enforcement of rights. Civil remedies such as injunctions, damages, and destruction of infringing goods, along with criminal penalties including imprisonment and fines, ensure that trademark owners can safeguard their brands.