Trademark infringement occurs when a person or company uses a mark that is identical or deceptively similar to a registered trademark without permission. This unauthorized use often confuses consumers and affects the brand value of the original trademark owner.
A trademark is a recognizable sign, symbol, word, or combination used by a business to distinguish its goods or services. Once registered, it becomes legally protected. If someone else tries to use a similar mark for similar goods or services, it amounts to infringement.
Types of Trademark Infringement
1. Direct Infringement
This involves:
- Use of an identical or similar mark,
- For similar goods or services,
- Causing confusion or deception,
- Without the trademark owner’s consent.
2. Indirect Infringement
This includes:
- Helping or encouraging others to infringe,
- Profiting from an infringing activity,
- Distributing counterfeit products.
Even if the indirect infringer is not using the mark directly, they may still be held liable under the law.
Examples
- Selling shoes using a logo similar to Nike’s swoosh is a direct infringement.
- Distributing fake luxury bags with logos resembling Louis Vuitton is also an infringement.
Legal Provisions in India
Under the Trade Marks Act, 1999, the trademark owner can take legal action if their mark is infringed. Section 29 of the Act specifically deals with trademark infringement and outlines what constitutes a violation.
The law allows the owner to seek:
- Injunction to stop the infringing act,
- Damages for the loss suffered,
- Delivery of infringing goods for destruction,
- Legal costs involved in litigation.
