Trademark Infringement in India


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What Is Trademark Infringement?


  • Using an identical or similar trademark for goods or services that are the same or closely related to those protected by the registered trademark.
  • Using a trademark that is likely to cause confusion, mistake, or deception among consumers.
  • Using a trademark to create a false association with the registered trademark owner or their products or services.
  • Using a trademark in a way that dilutes the distinctiveness of the famous mark, even if there is no likelihood of confusion.

What Amounts to Trademark Infringement?


Trademark infringement occurs when someone uses a trademark or a similar mark in a way that creates a likelihood of confusion among consumers about the source of goods or services. To determine whether an act amounts to trademark infringement, several factors are considered


It’s important to note that the analysis of trademark infringement is fact-specific and can vary from case to case. Trademark owners are responsible for actively monitoring the use of their marks and taking appropriate legal action if they believe their trademarks are being infringed upon.


To establish trademark infringement, the trademark owner typically needs to file a lawsuit in a court of law and provide evidence supporting the elements mentioned above. If successful, they may obtain injunctive relief to stop the infringing use, damages, and, in some cases, attorney’s fees.

What is the Trademark Infringement Report?


A Trademark Infringement Report is a formal complaint filed by a trademark owner or authorized representative to notify an online platform or marketplace about potential trademark infringement occurring on their platform. The report is submitted to request the platform to take appropriate actions to address the infringement, such as removing or blocking the infringing content or products.


Trademark Infringement Reports are commonly used on e-commerce platforms, social media websites, search engines, and other online marketplaces where users can upload content or sell products/services. These platforms typically have policies in place to protect intellectual property rights, and they provide a mechanism for trademark owners to report potential infringements.

What Documents Do You Need to Fight a Trademark Infringement?


To fight a trademark infringement case, you will need to gather and provide various documents and evidence to support your claim. The specific documents required may vary based on the nature of the case and the jurisdiction in which you are pursuing legal action. However, some common documents and evidence you may need include:

  • Trademark Registration Certificate
  • Proof first use of the trademark
  • Evidence of Infringement
  • Cease and Desist Letter
  • Evidence of Confusion
  • Evidence of Damages
  • Witness Statements
  • Correspondence and Communications
  • Legal Representation Documents

Types of Trademark Infringement :


Trademark infringement can take several forms, depending on how the unauthorized use of a trademark occurs. Here are the common types of trademark infringement:


Direct Infringement: This occurs when someone uses an identical or substantially similar trademark for goods or services that are identical or closely related to those protected by the registered trademark. It involves the unauthorized use of the exact trademark without any alterations or modifications.


Indirect or Contributory Infringement: This type of infringement involves a party who knowingly facilitates or contributes to trademark infringement committed by others. For example, a company may be held liable for contributory infringement if it provides services or products to an infringing party, knowing that they are using the trademark unlawfully.


Vicarious Infringement: Vicarious infringement occurs when a party has the right and ability to control the infringing activities of another but fails to take reasonable steps to prevent the infringement. This type of infringement is typically associated with cases where the party has a supervisory relationship with the direct infringer.


Counterfeiting: Counterfeit trademark infringement involves the unauthorized use of a trademark on goods or services that are intentionally designed to deceive consumers into believing they are purchasing genuine products from the legitimate trademark owner.

Platforms where trademark infringement may occur.


E-commerce Websites: Online marketplaces like Amazon, eBay, Alibaba, Etsy, and others allow sellers to list and sell products. Due to the vast number of sellers and products, there is a higher risk of encountering trademark infringement on these platforms.


Social Media Platforms: Social media platforms like Facebook, Instagram, Twitter, TikTok, and others allow users to create profiles, pages, or accounts that may use trademarks without authorization. Trademark infringement may happen in usernames, profile names, or posts.


Domain Registrars and Websites: Domain registrars and websites can be sources of trademark infringement when individuals or businesses register domain names that infringe on existing trademarks or engage in cybersquatting.


App Stores: App stores like Google Play Store and Apple App Store may contain mobile applications that use unauthorized trademarks or imitate the branding of well-known apps.


Online Marketplaces for Digital Products: Platforms that sell digital products such as software, ebooks, templates, or graphic designs may have listings that infringe on trademarks.

Get in touch with the Brainiac Team


Get in touch with the Brainiac Team

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