Legal Notice for Trademark Infringement

Someone is using your registered trademark without your permission? Get a legal notice for infringement for trademark with our experts. Submit all the necessary documents and we shall guide with you the entire process.

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What is Infringement of Trademark?

Trademark Infringement is an unauthorized use of a mark which is registered. Such mark may be identical or similar to the registered trademark. It is a violation of the exclusive rights that the person holds in relation to that trademark.

Advantage

1. Establishes the rightful ownership of the registered trademark on the mark in question

2. Serves a notice on the infringer on the current laws.

3. Serves a notice to the infringer on the demands and requisitions of the right holder.

4. Serves notice on the infringer that non-compliance with the demands of the trademark holder shall constrain him/her to take course of other legal action including a lawsuit.

5. Establishes the trademark holder’s bona fide attempt to reach an amicable resolution.

6. Gives an chance to the infringer to cease illegal activities without escalating the matter.

7. Cost-effective and simple way to combat the infringement.

8. Takes lesser time than a lawsuit.

FAQ

1. On what grounds do the courts decide that there has been an infringement of trademark?

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.

2. What are possible conditions of infringement of 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.

3. What is the prescribed punishment for infringement of trademark?

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.

4. Is there a time limit to file for a suit?

No. As this is a continuing offence, there is no time limit for filing a suit.

5. What are other reliefs that the court may give?

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.

6. When should send a notice for Trademark Infringement?

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.

7. I want to avail this service, what should I do?

Don’t worry, just fill the above mentioned details & contact the professionals of Aapkaconsultant.com and we will guide you with the complete process.

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