WHAT HAPPENS IF YOU DO AN

INFRINGEMENT IN TRADEMARK?
A trademark process occurs when an individual or an organization declares his
ownership of that distinctive mark, symbol or logo by filing the trademark
registration application with the Indian Trademark Registrar Office. After a
trademark has been registered it gets the privilege to avail legal protection
against trademark infringement under the Trademark Act of India. Trademark is a
pretty simple to follow. But still infringements do happen and many mostly
happen to do this because they don’t know the various rules it is not actually that
people do this wantedly, mostly people who are infringed don’t even know how
they infringed the trademark rules. So, this article will deal with the different laws
that cause infringement and mostly to clarify what is rightful by law.
It's normally the best if people know what not to do. There are primarily three
types of common trademark infringement as mentioned below:
 Application of False Trademark
To be involved in any type of business no matter which platform they are
in. Manufacturing, processing, packaging of products, services. Applying
false trademarking is considered as an infringement.
 Distributing of Products with False Trademark
providing service or making products with another company’s name or logo
on it just to deceive the buyers does come under cheating and
infringement.
 False Claim of Trademark Registration
Claiming a trademark which is falsely registered or claiming marks that you
don’t actually own.
A trademark infringement happens when a trademark used by an individual or
organization is similar or same to the registered trademark rights of another
individual or organization in the same jurisdiction. By law, a penalty and
imprisonment are applicable for the individual who is committing the
infringement to be incorrectly using a registered trademark.
An individual is generally considered to be using an unauthorized trademark if he
is without the assent of the proprietor of the trademark issuing the trademark or
a deceptively similar trademark. When a person falsifies or claims any trademark
infringement against any genuine trademark, either by alteration, effacement,
addition or any other way.
An individual is also considered to be inappropriately using the trademark of
products or for services if he without the proper consent of the registered
trademark owner applies this kind of trademark or untruthfully applies for a
similar trademark to products or services or any package/container containing
other products.
Such crimes are taken seriously and will be met in legal consent as well and they
can be charged in the following ways:
 Falsifies application of a trademark.
  Maliciously application of a product or service.
 Produces or has in their possession, any dye, block, machine or any other
instrument for the sole purpose of falsifying.
 Application of ever type of incorrect trade descriptions to products or
services they are providing.
 This applies to any products or service which are of prime indication of the
country or place in which they were particularly produced. The name and
address of the manufacturer or individual for whom the products are
manufactured is necessary to be apply this process truthfully.
 Any kind of tampering or alteration is an indication of infringement of
originality.
Individuals who either sell product or service through an unauthorized trademark
or with false trade details is considered to be a punishable act with imprisonment
of not less than six months and up to three years. A fine of fifty thousand to a
maximum amount of two lakh rupees.
However, an individual can be safe from being punished if they prove:
 They have taken all possible precautions against committing an offence and
while committing the offence they were not even aware of the original and
has no reason to suspect their genuineness of the applied trademark.
 In accordance to the law and on behalf of the prosecutor, they shall give all
the information in their control with regard to the person from whom they
obtained any such products or services.
 That, they otherwise had acted innocently.
Now you’ve got more then enough clarity on what is right and wrong in
trademarking. So, don’t do any of this mistake again. If not sure or doubtful about
the rules you should get in touch with us. Click here.