What is the difference between a registered and an unregistered trademark?

A registered trademark gives legal protection under the Trademark Act of 1999. It allows the owner to sue for trademark infringement directly. An unregistered trademark doesn’t enjoy these statutory rights, but can still be protected through a passing-off claim, which requires proving goodwill, deception, and damage in court.

Can I protect my brand if it's not registered?

Yes, you can. Even if unregistered, your brand can be protected through passing off and infringement of trademark remedies. You must prove the brand’s reputation, misrepresentation by others, and damage caused. However, it's harder to prove than registered infringement cases.

Who can sue for trademark infringement?

The registered owner of the trademark is the primary person who can sue for infringement. Unregistered users cannot file an infringement claim, but may file a passing-off suit. Proof of ownership and usage is essential.

How long does it take to resolve a trademark infringement case?

The timeline depends on the case's complexity and court workload. Trademark infringement cases may take 1 to 3 years on average. Interim injunctions are possible within weeks if urgency is proven. Fast resolution is rare but not impossible.

What are the typical costs involved in a trademark infringement lawsuit?

Costs include court fees, legal charges, and documentation. Filing a suit is affordable, but legal representation and expert consultation raise costs. A typical trademark infringement case can cost from ₹50,000 to several lakhs, depending on duration and complexity.

Is Trademark Infringement a Criminal Offense in India?

Yes, trademark infringement is a criminal offense under Sections 103 and 104 of the Trade Marks Act, 1999. The penalties for trademark infringement can include imprisonment for 6 months to 3 years and fines up to ₹2 lakh. Criminal complaints can be filed alongside civil suits, and police action may be taken, including raids, particularly in serious cases.

What are the criminal remedies for trademark infringement in India?

Criminal remedies include filing FIRs, conducting police raids, and prosecuting offenders. This also applies to contributory infringement, where manufacturers, sellers, or distributors of counterfeit goods may face penalties. The aim is to deter further violations and ensure strict enforcement of trademark rights.

What if I receive a trademark infringement notice?

Don't ignore it. Review the claims and consult a lawyer. A proper reply to a trademark infringement notice should address every allegation. You may deny, negotiate, or comply depending on the facts. Legal advice is essential before any action.

Can a foreign trademark be protected in India?

Yes, but protection is limited without local registration. A foreign brand can register in India directly or through the Madrid Protocol. In some cases, well-known foreign marks are protected even without registration, using passing off and infringement of trademark claims.

What is the “Rule of Safe Distance” in trademark law?

Once a court restrains the use of a mark, the infringer must stay far from it. Minor tweaks won’t help. Courts demand a safe distance between the original and the changed mark to prevent confusion and respect the trademark infringement section rulings.

What are common trademark infringement examples?

Examples include using a similar logo, brand name, or domain name without permission. Selling counterfeit goods with another brand's mark is also common. These trademark infringement examples confuse consumers and damage the brand's reputation.

What are the civil remedies for trademark infringement?

Remedies for infringement of trademark include damages, account of profits, injunctions, destruction of infringing goods, and costs of proceedings. Courts can stop further misuse and order compensation for the losses suffered by the rightful owner.

What is contributory trademark infringement?

It occurs when a third party helps in infringing. This can include manufacturers, suppliers, or distributors knowingly supporting the misuse. Contributory infringement trademark cases are serious and attract civil and sometimes criminal action.

Are there any exceptions to trademark infringement?

Yes. Trademark infringement exceptions include fair use, comparative advertising, and use for educational or non-commercial purposes. Section 30 of the Act provides situations where infringement doesn’t apply, like honest use or use without intent to mislead.

What’s the benefit of registering my trademark?

A registered trademark gives exclusive rights and stronger legal protection. It allows you to file direct trademark infringement cases and use the ® symbol. Registration builds brand credibility and simplifies enforcement if your rights are violated.

Trademark Infringement in India: Protect Your Brand the Right Way

Stop Trademark Infringement Before It Hurts Your Brand. RegisterKaro ensures swift legal action and strategic protection to uphold your trademark rights and reputation in India. What you get:

Trademark Search & Clearance Report

Legal Notice Drafting & Ongoing Brand Monitoring

Expert Representation

Proactive Infringement Detection & Prevention

Affordable & Transparent Pricing

4.6 out of 5

(6122)

4.0 out of 5

(1,907)

Enter your details to receive a full quote and consultation

Full Name*

Phone Number*

Enter Your Email*

By clicking, you consent to receiving updates about our services as outlined in our Privacy Statement.

What Sets Us Apart

500+MCA Certified Experts

10,000+Trusted Reviews

2500+Monthly Clients Onboarded

Serving Businesses Across India

What Sets Us Apart

500+

MCA Certified Experts

10,000+

Trusted Reviews

2500+

Monthly Clients Onboardings