These moves are used as defence suits of infringement. Section 30 of Trademark Actlists down the limits on the effect of registered trademark on infringement and enumerates those acts which do not amount to infringement. Contributory infringement – here the infringement is when a person, materially contributes to direct infringement and induce the Principal Infringer to commit such act of infringement.Vicarious Liability –Accordingto section 114, if a company commits any offence leading to the derivation of financial gains knowingly carries out infringement and controls the activities, where every person in the company becomes equally responsible.Indirect infringement –the conditions by which breach of trademark arising out of the following reasons:.Class of Goods and Services – the unauthorised use of the ‘mark’ can be used for propagation of goods.
Tort law is used where injury or damage is caused to the goodwill associated with the activities for infringement by another person or group of persons Registered trademark – the act extends protection only to Trademarks registered with Trademark Registry of India.Identical or Deceptively Similar –usageof identical or similar logos, products, services, intending to create confusion among people.It is accessed by unauthorised by person – violation of trademark occurs when an unauthorised person accessesor utilises the trademark without the permission or agreement with the owner.Direct infringement –the conditions for the breach of trademark due to the following:.There are varioustypes of Infringementsas follows: Section 29 and 30 deals of Trademark Act deals with provisions that protect the trademark in case of infringement. To prove the Trademark Infringement, the intention to cause false impression and confusion among people are a ground. The most common cases of Trademark infringement mainly arise out of similarity of brand names or logos or good and services that causes false impression and confusion among the public.
The word similarity here means which looks alike that can create confusion within the public and cause misrepresentation. Trademark infringement is the unauthorised usage of a mark that is identical or resembles the registered trademark. Unlike the rights granted in the case of Patents, Copyrights or Industrial designs, the Trademark rights can last indefinitely, if the owner of a Trademark continues or wishes to use the ‘mark’. However, if a registered trademark is not renewed after the period of ten years, it is liable to be removed from the register of Trademarks, maintained by the Registrar.
‘Marks’ may be refused for other relevant reasons as well.Īfter the initial registration of trademark, it can be renewed further for 10 years.‘Marks’ comprising of geographic terms or common surnames may also be refused.‘Marks’, which are descriptive in nature, in relation to the applicant’s goods or services, or a part or feature of the same, may also be denied registration.Registration may be refused on the following grounds: However the same can be restored at the will of the applicant. Non-renewal Trademarks leads to the expiry of the registration. The registration of trademark is valid for ten years and is renewable for a subsequent period of ten years. Trademarks are mainly the given status of intellectual property across the globe. This act lays down the rules and regulations dealing with registration,protection, penalties against infringement regarding Trademarks. The Trademarks Act 1999 is the legislation that protects the trademarks. The prior use of the trademark is not a prerequisite for filing application for registration even if the intention of the user was bonafide, for the same if one wants to file the application, it can be denoted as “proposed to be used basis”. Under the Trademark Act of India, the term “mark” is defines to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, a combination of colors, logo etc. The trademark is represented with an encircled R as ® symbol, both represents Trademark and Service Mark. Trademark is a word, phrase or unique symbol which is used by an individual, business organisation or other legal entity to distinctively identify the ownership or brand of their products and services to customers so that its easy to differentiate such product or services. Defences available in an Infringement action.Jurisdiction for a Suit of Infringement.Who has right to sue for Infringement?.