You are supposed to fill your details in our simple information form.
Detailed information regarding your TM as well as infringement done by the opponent.
Similarity in trademark is assumed when the similarity can cause confusion in the eyes of general public. This can be identified by the fact that an undue advantage is enjoyed of the hard-earned reputation of the registered trademark.
Infringement is said to have occurred when the registered trademark is used as 1. Trade Name 2. Business Name 3. Advertised 4. Material for Packaging 5. Labeling etc.
The imprisonment time in such a case may not be less than 6 months and may even extend up to 3 years. In addition to this the person can be fined for not less than fifty thousand rupees, which may even extend to 3 lakh rupees.
No. As this is a continuing offence, there is no time limit for filing a suit.
If the infringements 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.
You can send a legal notice for trademark infringement when: • One party falters by using the trademark of some other concerned party. • No permission to use the trademark was taken. • Permission which shall be express in nature.
Don’t worry, just fill the above mentioned details & contact the professionals of Aapkaconsultant.com and we will guide you with the complete process.