Infringement of a trademark is a punishable offence under which, the offender is punished with imprisonment for a term of 6 months to 3 years and with fine ranging from 50, but which may extend to INR , Being a legal right, Section of the Trademarks Act, provides the jurisdiction for filing of suit for Trademark Infringement.
According to the provisions, a Trademark infringement Suit can be instituted before a District Court underlining the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding. The local limits can be the place where the person voluntarily resides, carries business, or works for profit.
Contact our professionals at Corpbiz to know to get hassle-free Trademark Registration in India. Sakshi has pursued B. IPR Hons. Priorly she has worked as a legal researcher and vide her articles she aims at improving the core knowledge of the subjects to the masses.
The response to a trademark objection in examination report can be submitted by the trademark applicant. It can be Trademark registration is an essential step towards brand building and its security. Sometimes the application for You must be logged in to post a comment. If you fail to timely file an appropriate response to the complaint, the court may enter a default judgment against you and order you to pay damages or perform other remedial actions.
These are only the first steps of a litigation process that can be very complicated. If you are sued for trademark infringement, a U. When considering options, keep in mind that litigation is usually expensive and time-consuming, and it can take years before a court delivers a decision.
And, even when a court reaches a decision, it may be appealed to higher courts, resulting in additional time and expense. The state bar association where you or your business is located and the various national bar associations have directories of U. Look for an attorney who specializes in trademark litigation.
For more information on local assistance, please visit the resources webpage. To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority its rights in the mark s are "senior" to the defendant's , and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties' marks. When a plaintiff owns a federal trademark registration on the Principal Register, there is a legal presumption of the validity and ownership of the mark as well as of the exclusive right to use the mark nationwide on or in connection with the goods or services listed in the registration.
These presumptions may be rebutted in the court proceedings. If a proceeding for rectification is pending before the registrar or High Court, and simultaneously is suit for infringement is filed then the suit for infringement shall remain stayed.
Therefore you can file an infringement suit but the same will remain stayed till the final decision in the rectification proceedings. It is important to understand that rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. A mark may have been wrongly registered or may have remained on the register even after its expiry.
In such cases, the Indian Trademark Act provides for filing rectification of the registered trademarks. It is always a good idea to consult with an experienced trademark infringement lawyer early on to ensure that litigation is the right legal option for you. A trademark lawyer knows the ropes and can help guide you through the court system as you seek recourse for the infringement of your trademark rights.
If you need assistance initiating a trademark infringement proceeding, please reach out to The Rapacke Law Group. We can schedule a free initial consultation with you to discuss your particular needs.
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