What is Trademark Infringement?

Trademark infringement occurs when an unauthorized party uses a mark that is identical or deceptively similar to a registered trademark, which can cause confusion among consumers. If a mark is deceptively similar, it may lead an average consumer to mistakenly associate the goods or services with the original brand, resulting in confusion about their origin.

This type of infringement can involve the unauthorized use of words, logos, symbols, or combinations of these elements that closely resemble a registered trademark. Such use not only misleads consumers but also dilutes the distinctiveness of the original mark, allowing the infringer to unfairly benefit from the established reputation and goodwill of the registered trademark.

Under the Trade Marks Act, 1999, trademark owners in India are granted legal protection, including the right to seek remedies such as injunctions to stop further infringement, damages to compensate for any losses suffered, and the recovery of profits gained through unauthorized use. To safeguard their brand and maintain its value, businesses must be vigilant in monitoring their trademarks and take prompt legal action if infringement occurs.

Our legal experts can assist by drafting and sending a strong legal notice to the infringer, notifying them of the unauthorized use and demanding that they cease and desist. In addition, we provide guidance on further legal steps, such as filing a lawsuit for infringement or seeking other remedies available under the law.