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What Is Trademark Litigation in India?

Every registered trademark is a unique mark. If a person is trying to replicate your logo or trademark, then you definitely have the choice to document a Trademark Litigation. But do you know what exactly trademark litigation is? Litigation takes location when a person, organization, or entity feels that his right has been infringed. In the case of a trademark also, you have got the right to file a match against someone who tries to duplicate your trademark registration. Trademark Litigation is the technique of submitting and preserving the actual proper of the trademark if there are any illegal uses of one’s intellectual property. In this blog, we will talk Trademark litigation in India Process and different necessary components of Trademark litigation.

What is Trademark Litigation?

Trademark Litigation is the legal technique for the perfect resolution of trademark infringement cases. Moreover, those Trademark Litigations can be either domestic or International. Generally, through right trademark litigation, you are able to protect your trademark registration.

What does Trademark Litigation involve?

The Trademark litigation Process involves

• Legal summons,
• Court hearings
• Summary judgment,
• Trial etc.

Trademark Litigation can be described as one kind of litigation that entails issues, matters, and dispute regarding trademarks. On viewpoint of ever-developing business competition and easier way of duplicity, Trademark Litigation is taken into consideration as certainly one of the most and distinctly litigation form. Nowadays trademark litigation is one in all the maximum standard and very well-known kinds of trademark litigation. Through trademark litigation, anybody can get a protection and safety in appreciate of misuse of the trademark registration by means of the third party.

Why Trademark Litigation arises?

In case a person copies your trademark or logo, then a registered owner has the right to document a claim for his registered trademark. For example – Dominos has its own registered logo or trademark and if someone desires to copy and infringe the brand of the Dominos, then Dominos has all of the rights to sue the person who copied its brand. Dominos is allowed to report trademark litigation against that particular man or woman or company.

Trademark Infringement Litigation

There are various styles of litigation along with civil, criminal, exertions etc. Moreover, trademark litigation is certainly one of them. Under Trademark infringement litigation, any of the copied mark or misuse of a trademark registration may be opposed via the third party. If the trademark owner observes that his/her reputation or goodwill is affected or misused via every body else, then in that situation he/she will bring fit for Trademark Infringement Litigations. Upon the submitting of a suit for Trademark Infringement Litigation, a trademark owner is entitled to get a remedy towards the infringer.

Trademark Litigation Basics

Trademark Litigation basics consist of all those steps and methods which cover the way to observe for and tune the tactics for opposing the infringement of commercial enterprise marks. Under trademark litigation basics, an application requires to be made or filed to trademark examiner where the trademark owner produces and proves his/her evidence. Anyone can track the repute of your trademark registration through the website of Intellectual Property India.

What are the Purposes of Trademark Litigation in India?

Trademark Litigation has various functions. However, the main purposes of the trademark litigations are:

• Preventing all styles of industrial misuses of any registered trademark.
• Providing a criminal injunction to trademark owner also to take prison action towards an infringer.
• Providing compensation to the owner of the registered trademark for the damages precipitated to him due to infringement of his/her trademark registration.
• Protecting and promoting the legitimate rights of the trademark owners.

What you can declare below Trademark Litigation?

In Trademark litigations, every person can declare for

1. Trademark infringement

Trademark infringement takes place when a third party or an infringer infringes the trademark of the proprietor. To establish trademark infringement, the proprietor of the trademark must display that he/she owns a legitimate mark and use of the mark by means of infringer confuses purchasers in the rely of the supply of products and services. The primary cognizance of an infringement declare is the probability of confusion.

2. Unfair opposition

Unfair competition is a misleading or wrongful enterprise exercise that economically harms either clients or business entities. Unfair Competition applies to cheating or fraudulent competition in trade and commerce.

3. Trademark dilution

If the trademark is popular and is a registered brand, then only the trademark owner can claim for trademark dilution. For example, a famous trademark registration used by one business enterprise to consult hair care products might be diluted if another agency began using a similar mark to consult breakfast cereals or spark plugs.

What are the redressal mechanisms of Trademark Infringement?

Where a registered trademark of an proprietor is infringed, then several redressal mechanisms are available. A registered trademark owner is entitled to avail several steps against the person who tries to copy the trademark registration. The redressal mechanisms of trademark infringement are listed below:

• If a registered trademark is infringed or affects the trademark of the proprietor, then the proprietor can document a suit in a Court to recover the damages caused because of such infringement. The owner can demand repayment from the infringer
• Owner of the Trademark is entitled to take legal against the infringer.
• Injunctive relief must be claimed in opposition to the infringer of the trademark.
• The infringer is certain to pay the price of legal intending to the trademark proprietor.

What are the problems for a registered owner while litigation?

An proprietor who applies for trademark registration can face such a lot of barriers. The barriers are discussed below:

1) Trademark Opposition

Trademark opposition in India comes at a degree after the trademark application receives approval from the Registrar and after its publication within the journal. Anyone can oppose the published trademark inside a duration of three months or it may be extended additionally for one month. The total duration will then be four months beginning from the day it was published.

2) Trademark Objection

The Registrar is authorized to raise objections at the time of granting popularity of trademark registration. The Registrar can item the trademark if he/she finds important to do so. The factors of objection ought to be said or knowledgeable to the applicant. The objections want to be noted in the Trademarks examination report.

3) Trademark Rectification

Rectification is the legal process to correct or rectify a blunders or an omission that has been made in the info of a trademark as recorded within the trademark register, after the trademark registration. A mark can be wrongly registered and identical may be referred to in the register, in such circumstances, the Indian Trademark Act provides provision for rectification of the wrongly registered trademark.

What is the trademark Litigation Process in India?

Trademark Litigation is the system of taking a trademark-associated case through the Court which is similar to that of Civil lawsuits. Trademark Litigations Process involves:

• A registered Trademark proprietor in case of infringement of his/her trademark needs to record an indicator infringement lawsuit towards infringer demanding injunction on infringing activities. A registered Trademark owner can document a lawsuit through a lawyer, attorney appointed on this behalf.
• The registered Trademark proprietor has to produce proof to help his/her allegations in opposition to the infringer.
• The infringer is then informed about the lawsuit and he is also advised to provide response for the accusation made in opposition to him.
• The Infringer is given the choice of producing evidence to guide his side.
• After exam of all the evidence produced by using each the parties, a better judgment is claimed.
• If no proper decision comes out then, the case enters into the trial phase for the great decision.

Trademark Litigation Services

On behalf of our clients, we report a trademark infringement lawsuit at the suitable courtroom of regulation to provide justice to our customers in reference to their real trademark rights. The most vital and noteworthy trademark litigations offerings on this connection are:

• Gathering evidence for a trademark infringement case
• Meeting the infringer and counseling him in opposition to the continuation of infringement activities.
• Filing of a lawsuit
• Representing our consumer in courtroom
• Performing all legal formalities
• Offering advocacy in assist of purchaser during trial proceeding and hearing of the case.

Conclusion

With the growing list of companies, the need of trademark also rising at the steady rate, and identical gives rise to trademark litigations. To come over with these trademark misuse and illicit acts, trademark litigation has been launched by the government our bodies with a purpose to safe and steady the enterprise world. Trademark litigation claims rise up while a company infringes and dilutes the trademark of the other organization. Upon the filing of a healthy for Trademark Litigation, a trademark owner is entitled to get various remedies against the infringer.

We “Solubilis Corporate Services” are the well authorized Trademark Attorney, Patent attorney, and Company Secretary in Chennai, Coimbatore, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. We have the team of skilled members to do your Trademark registration in Coimbatore, Chennai, Bangalore, Hyderabad, Cochin, Salem, Madurai, Trichy, Tirupur and Karur. For more details, kindly go through our website and contact us. Our experts are just one call away from you. Thanks for reading!!!