PRESENTATION ON

INFRINGEMENT OF REGISTERED TRADEMARK

SUBJECT:-IPR

DONE BY:-MOHAMMED AZHARUDDIN

REG NO:-18DBLBT020
LL.B 5TH SEMESTER
 WHAT IS TRADEMARK?
A sign capable of distinguishing the goods or services produced or provided by one
enterprise from those of other enterprises”  Trademarks can be any;  WORD 
NAME  SLOGAN  SYMBOL  PACKAGE DESIGN  SOUND  THREE
DIMENTIONAL MARKS  PICTURES

 WHAT IS INFRINGEMENT OF TRADEMARK?

A trademark is said to be infringed, when a registered trademark is used by a
person, who is neither the registered proprietor nor the licensee of the said
trademark, in relation to the goods and services for which it is registered. The
violation of exclusive right granted to the registered proprietor of trademark in India
is governed by The Trademark Act, 1999.
 Infringement of a trademark in India means a violations of the exclusive rights
that are granted to the proprietor registered under the trade marks act 1999
 Rights conferred by the registration are mentioned under section 28 of the
trademark act 1999
 Trade mark Infringement in india is described under section 29 of the trademark
act 1999
 Section 30 states the situation when a registered does not constitute infringement
What constitute infringement of trade mark ?
 An unauthorised person uses a trade mark that is identical or deceptively similar to a registered trademark it is
known as infringement
The following acts constitute infringement
1. The registered trade mark is used by any unauthorized person without licence from the owner
Identically or deceptive similarity:-
 The mark used is deceptively similar or identical with the mark in dispute
 It can cause confusion in the mind of general public to have an association with the registered trade mark
 There is a chance for a likelihood of confusion among public
Example
In the case of lasern &tourbo ltd vs laxmi narain traders & ors (L&T and LNT)
 In this case the pronouncetion of the name will be same that is L&T and LNT
Kinds if infringement
There are two types of infringement
1. Direct infringement
2. Indirect infringement
The above mentioned points are considered as direct infringement
Indirect infringement
 Indirect infringement occurs when a person thought not infringing directly causes another person to infringe
on a trademark
 When a person materially contribute or induces the direct infringer to commit the infringement, it is called
contributory infringement
 When the person has the ability to control the actions of the direct infringer or when a person derives a
financial benefit from the infringement or
 When a person has knowledge of the infringement and contribute to it. The person is said to be vicariously
liable
Civil remedies:-
 When a trade mark is said to be infringed , both civil and criminal actions can be brought about
 The is no limit on the time period for filing a suit
 The court of competent jurisdiction can give the following remidies if the infringement are successfully proved:
 injunction/ stay against the use of trade mark
 Appropriate damages
 Handing over of accounts and profits
 Appointment of a local commissioner by the respective court for custody or sealing of infringing material and accounts.
 An application under order 39 rule 1&2 pf cpc for grant of temporary or ad interim ex-parte injunction
Criminal remedies:-
 Chapter XII of the act deals with offences, penalties and procedure
 Section 103 and 104 provides for imprisonment for improsment for a term not less than six months which may extent up to
three years and fine not less than fifty thousand rupees which may extent up to two lakh rupees
 The provision for enhanced punishment is laid down under section 105 of the trade marks act 1999.
 Section 27 (1) stats that no action for infringement can be taken for unregistered trade mark
 Further section 27(2) states that there is an alternative remedy available for unregistered trademark.it is calling passing off
Passing off:-
For any infringement to come under passing off action,it must fulfil 3 conditions:-
1. The trade mark has a reputation.
2. There was misrepresentation
3. It has caused injuri or loss.