What To Do If Someone Uses Your Brand Name?

A trademark is a type of Intellectual Property which protects the brand name, and any sign/symbol which distinguishes the particular brand from other brands. For instance, a case was brought by Starbucks against Sardar Buksh Coffee, claiming that the latter had copied the brand name and logo, which is so close that it is deceiving their consumers.

In India, it is not mandatory to register a Trademark. However, to reap the legal benefits available in case of infringement of Trademarks, it is advisable that the Trademarks be duly registered. Trademarks are governed by the Trademarks Act, 1999.

Steps to take in case of Trademark Infringement:

1. If someone uses your registered brand name/logo/symbol/slogan which is deceptively similar to your brand you must take action for trademark infringement.

2. You can first send a warning letter to the deceiving brand asking them to stop using the similar brand name/logo/symbol/slogan.

3. You can also send a legal notice through your advocate to initiate proceedings in case the brand does not stop using the trademark.

4. If the person stops using the similar Trademark, the matter is closed.

5. However, the notice can also be sent for claiming damages caused, or for the profit earned by the brand during the use of the deceptively similar Trademark.

6. If the brand denies the use of a similar Trademark, the brand which is seeking remedy may file a suit for Trademark Infringement before the Court of Law.

7. Suit for the same can be a Civil Suit or a Criminal Suit, filed in the court having jurisdiction.

Reliefs Available:

Civil Suit: In the case of a civil suit the court may grant a permanent order restraining the brand from using the similar Trademark. (Permanent Injunction)

Along with this, the court may also order for payment of damages caused due to unauthorized usage of the similar Trademark, or the Court may order for payment of profits earned during the course of usage to the aggrieved brand.

Criminal Suit: In the case of a Criminal suit a punishment of imprisonment for a minimum of 6 months, which may extend upto 3 years along with a fine of Rs. 50,000, which may be extended upto Rs.2,00,000 can be awarded by the court.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Anushka Kumar