Trademark Infringement

Intellectual Property Services

Our discerning, perfect, and dedicated services for IPR in India, cover all diverse categories of intellectual property. The sumptuous commercial and industrial intellectual property is broadly divided into the major categories of copyrights, trademarks, patents, industrial designs, and geographical indications.

Trademark Infringement

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Trademark infringement means to breach the right to use the registered trademark of others or using someone registered trademark without their permission. Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the “infringer”, uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. In many countries (but not in countries like the United States, which recognizes common law trademark rights), a trademark that is not registered cannot be “infringed” as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable.

Frequently Asked Questions (FAQs)

Is the trademark registered in India, valid all over the world?

No, Trademarks have to be registered in individual countries, depending on the legislation.

Can trade mark be sold or transferred?

A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc.

Q. Is the trademark registered in India, valid all over the world?

Ans- No, Trademarks have to be registered in individual countries, depending on the legislation.

Q. Can a trademark be sold or transferred?

Ans- A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc.

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Trademark Infringement

₹10,999.00

There is an extensive range of services for each of these categories; that start from the very beginning of a creation to perfect registration and well-rounded protection to the same, in the desired national or international jurisdictions. These all categories of intellectual property are considered as the lifeblood of businesses in the respective fields, and therefore, require scrupulous and flawless handling from beginning to the end.

Protect your BRAND

	TRADEMARK	COPYRIGHT	PATENT	DESIGN
Protection provided for	Any word, logo, symbol, mark, phrase that distinguishes goods of one party from another.	Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures etc.	Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these.	Features of shape, configuration, pattern, ornament, composition of lines, color or combination thereof applied to any article.
Requirements for registration	The mark shall be unique.	The work must be original, creative and should be capable of fixing in the tangible form.	An invention must be new, useful and non-obvious	The design must be original and should be applied to the article by any industrial process.
Duration of Protection	For 10 years	Author’s life plus 70 more years.	For 20 years.	For 10 years.
Rights granted	Rights to use the mark and prevent any third person from using the deceptively similar mark.	Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works.	Right to prevent others from making, selling using or importing the patented invention.	Provides the creator, exclusive rights over use of the design.
Who can obtain?	Business owners or the product owners.	Authors, artists, choreographers, architects, and other creative professionals.	Inventors and designers.	Designers or the owners of the product.