What is trademark infringement in India

If you have registered your trademark, then you have exclusive right to use that trademark, but if your trademark is being falsely used by other individual or person then it means that your trademark is being infringed. Trademark infringement is a punishable offence in India so it is very important for every people to understand what trademark infringement actually means.

Trademark infringement is defined under section 29 of Trademarks Act according to which it means that violating and exploiting the rights of the Trademark owner.

There are four kinds of Trademark Infringement and they are discussed below:-
1. There is likelihood of confusion:-
 A mark which is identical to the Registered Trademark and there is a similarity of goods or services covered by the Trademark in a manner causing confusion to the general public.
 The infringer might be a infringer by mistake and confusion was there by accident and with not fraudulent intention. So before using the mark it is advised to do a trademark search.
 The infringer intentionally desires to confuse the customer in order to compete with other brands.

2. False claim of registration:
There have been many instances where there have been claims of registration and all of them turned out to be false:
 Claiming that you have registered trademark even if there is no proof to support that.
 After Trademark has expired, and still claiming that the trademark is still relevant.

Trademark Registration in India is not permanent, therefore renewing of
trademark is necessary.

3. Unauthorized access to Trademarks:
When the Trademark is used illegally or without the consent of the Trademark Owner, then it is said that Trademark is being used wrongfully or the is an unauthorized access to the Trademark:
 Wrongfully using ‘R’ sign on unregistered Trademark.
 Intentionally claiming a false and unregistered Trademark.

4. False Trademark Imposition:
This sort of infringement is done in a following manner:
 Application of a false Trademark when processing, manufacturing, and packaging
the product.
 Making changes to the originally registered trademark before using it.
These are the types of infringement that you as a businessman might commit and you a trademark owner might be afflicted by. And to protect from trademark infringement there are provisions under Trademarks act which protects trademarks.

Trademark infringement is something that can both be deliberate and mistake, so it is necessary for both parties to know about its punishment and implications. This would prevent an aspirant  make a mistake and protect the owner from being infringed.

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