How To File A Trademark Infringement Lawsuit In India?

The Trademarks Act (1999) establishes the strong and legal foundation for trademark protection in the country of India. It provides for the efficacious protection of trademarks and also lays down the manner in which infringement, if any, shall be dealt with. One of the most preliminary strategies to protect one’s intellectual property and maintain the integrity of a brand is commencing legal action for trademark infringement.

What is Trademark Infringement in India?

A trademark infringement takes place when an individual uses a protected trademark without permission, and this action results in an overwhelming number of consumers being confuse or misled. Section 29 of the Indian Trademarks Act of 1999 defines any such activity as infringement of trademark and specifically refers to the use of an unauthorized mark that is either identical or deceptively similar to a registered trademark, in such a manner that leads to confusion in the public or causes damage to the trademark holder’s goodwill.

The following have to be demonstrate in order to establish infringement:

• The trademark is properly register.
• The mark which is say to be infringing must be identical or sufficiently close in resemblance as to be likely to cause confusion.
• The act of use without due authorization in relation to the trademark must be such as to affect the character distinctive of the trademark or adversely affect its reputation.

Steps to Follow to Prepare for a Trademark Infringement Lawsuit

• It is important to gather evidence of trademark infringement. This involves collecting any material showing signs of misuse, including but not limited to advertisement copies, product packs, or any materials that feature the infringing trademark. Pictures of websites, pictures of the goods, and everyday things are examples of bulky evidence.
• Protection under the Trademarks Act, 1999 for the purpose of infringement can be make only in respect of register trademarks. Ensure that the trademark has been register and the registration is active and not lapsed.
• Factors such as the length of time such use has occur, the location where the use took place as well as the degree of similarity in the two marks should be evaluate to understand the range of infringement. The full picture will help in bolstering the case along all arguments presented.
• In light of this, it is prudent to engage an intellectual property attorney for assistance with the particulars. An IP attorney will help to assess the case; assemble relevant evidence and explain the pre-litigation and litigation processes to the client.
• In many cases, it is possible to avoid the courts in settling trademark disagreements by simply sending a cease-and-desist order to the party infringing upon the trademark. This letter requests that the offending party cease and/or refrain from the use of the trademark within a specified time period and may also act as a notice of the legal consequences of the infringing actions. There would be an effective resolution if the other party adheres to the request, otherwise, one may be force to continue with litigation.

Steps for Filing a Trademark Infringement Lawsuit

• In most cases, Trademark Infringement cases are brought before the District Court depending on the amount involve and where the infringement is allege to have occur. A suit, as provide for in Section 134 of the Trademarks Act of 1999, can also be institute in the courts of a resident or business territory of the plaintiff.
• A suit for infringement is a detailed legal writing that contains the following sections:

• Information on the Plaintiff and the Defendant: Name, address, and business information of the trademark owner (plaintiff), and the one who infringed (defendant).
• Data Regarding the Certain Registered Trademark: State the trademark registration number, the date also of the registration, the goods and or services category, and the trademark itself.
• Infringement Data: Statement on how the defendant, in this case, has committed trademark infringement against the plaintiff, while including particular dates, places and any evidence available.
• Claim for Damages: Claim in the nature of money or any other relief such as general and specific damages for damage to goodwill, sales or profits.
• Request for Injunction: Generally, there are so many instances that relief by way of injunction is most sought by the plaintiffs in restraining the defendants from further use of the offending mark.

• Having prepared the complaint for infringement, it should be lodge in the relevant competent court. Make payment of requisite court fees, which are determine according to the amount of damages claimed. After which, the court structure will examine the issue and an appropriate notice will be direct to the Defendant.
• Subsequent to the lodging of a suit, the defendant is serve with a court notice also refer to as a summons informing him/her the lawsuit exists and containing an attachment with details of the litigation. This notice must be answer by the defendant within the time interval allow by the court, usually fifty or thirty days. Within the time frame provided, the defendant must respond to each allegation and set forth defenses for each claim in the complaint of the plaintiff.

In India, a trademark infringement case is significant as it helps uphold the fundamental rights of an individual and preserve the repute of a given mark. Following a proper legal procedure entails that a trademark owner collects the necessary evidence, makes an application to the competent authorities, and knows how to argue before the court on the protection of his/her trademark rights. The owner of a registered trademark can assert his or her trademark rights and can take action against any unauthorized use of their trademarks. 

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.