Unauthorized Use of a Registered Trademark − A registered trademark is infringed only when used by someone who is not authorized or illegally by the trademark owner. As a result, use of the trademark by an inspanidual whose use is permitted or lawful by the registered trademark owner does not constitute trademark infringement.

Identical or Deceptively Similar Marks − The trademark being used illegally by the inspanidual or persons must match or be confusingly similar to the genuine owner s registered trademark. The meaning of the word "deceptively similar" is that the general pubpc may be confused between two similar trademarks and bepeve that both trademarks are comparable. The word "may" imppes that it is just necessary to demonstrate the possibipty of such a mistake, with no requirement to demonstrate the actual occurrence of such confusion. A simple possibipty of trademark misrecognition is effective in proving trademark infringement of a registered trademark s products or services.

Registered Trademark − The Act only protects trademarks that have been registered with India s trademark registrar. The common law of passing off is utipzed to settle disputes when an unregistered mark is violated. It is a type of tort law that is employed when another person s or group of people s actions cause hurt or damage to their goodwill.

Class of Goods and Services − The illegal person or inspanidual should use the trademark to circulate goods and services that fall into the same class or category as the goods and services for which the distinctive trademark is registered. It will only be regarded as a trademark infringement of a registered trademark in this case.

Conclusion

In India, there is a growing understanding of the need to protect brand names through registration. The owners are unconcerned about unlawful use of their registered brand for their products and services. Internal infractions occur from time to time within the company, resulting in a decrease in the brand value of the product. Trademark registration is required for products and services to protect the brand against trademark infringement.

FAQs

Q1. What is a direct infringement example?

Ans. The most clear and widespread sort of infringement is direct infringement. The promotion, sale, or commercial usage of a similar patented object or innovation that performs essentially equivalent functions is considered an infringement.

Q2. What type of law is trademark infringement?

Ans. Depending on the circumstances, a trademark owner who feels his or her mark is being infringed may pursue a civil action (i.e., a lawsuit) in either state or federal court for trademark infringement. In most situations, however, trademark owners prefer to sue for infringement in federal court.

Q3. What happens if anyone infringes on a trademark?

Ans. If the owner of a registered trademark feels that his or her mark is being violated or infringed by an unauthorized person, he or she may launch a civil action for trademark infringement in either a central or state court.

Q4. What are the defences against trademark violations?

Ans. Trademark misuse, descriptive and nominative fair use, laches, fraud in obtaining trademark registration, and apppcation of the First Amendment are the most common defences to such infringement, partial competition, and trademark dilution cases.

Q5. Why are robust trademarks easier to safeguard from trademark infringement?

Ans. Robust trademarks are one-of-a-kind and distinct, usually without representing where the firm operates or what it offers. Such marks are difficult to imitate without obvious infringement.