Latest Blogs:
Frequently Asked Questions In Respect To Will Is There Any Limitation For Filing Civil Suits? Difference Between The Words “rejoinder” And “replication” Used In Civil Litigations. What To Do If Someone Uses Your Brand Name? What Is The Difference Between Rent Deed And Lease Deed? Difference Between Mutation Of Property And Registration Of Property What Is A Friendly Loan? Points To Remember At The Time Of Selling A Motor Vehicle To Avoid Fraud Are Email Contract Valid? Tips To Expedite Your Civil Suit Communications Between Husband And Wife Are “privileged Communications” Why You Should Disclose All The Facts To Your Advocate Before Filing A Suit/complaint When Can Court Issue Non-bailable Warrants? What To Do Next When Court Decides The Suit In Your Favour What Happens When An Fir Is Registered? Is There Any Time Limit For Registration Of An Fir? Can I Record Phone Calls And Use Them As An Evidence In The Court Of Law? Difference Between Promise To Marry And A False Promise To Marry How Do Advocates Fix Legal Fee In A Case? Can A Police Officer Search Your Office Or House Without A Search Warrant? Does An Act Of A Couple Sitting In A Park Amounts To Obscenity? Where To File A Claim When There Is An Injury Or Damage To The Property Of A Person Due To A Motor Accident? What Is A Bail Bond? What Is Zero Fir? Outraging Or Insulting Modesty Of A Woman Is Sending A Legal Notice Mandatory Before Initiating Civil/criminal Proceedings? Why Do Advocates Need Vakalatnama From Clients? Why Police Is Reluctant To Register An F.i.r? Self Incrimination: Can The Accused Be Compelled To Reveal Their Mobile Passwords? Murder And Culpable Homicide: The Difference History And Development Of Law Of Arbitration In India Practical Stages Of A Civil Suit Important Key Points For Landlords To Remember At The Time Of Executing Rent Agreement What To Do If The Police Officer Is Not Registering An Fir Cheque Bounce? Remember Rule 30-15-30 When To Apply For An Anticipatory Bail? Can I Trust My Husband/wife’s Advocate For Filing A Joint Petition Seeking Mutual Divorce? What Is Plea Bargaining In Criminal Proceedings?

Welcome To Nyay Options!

WHAT TO DO IF SOMEONE USES YOUR BRAND NAME?

  • Home
  • Blog
  • WHAT TO DO IF SOMEONE USES YOUR BRAND NAME?
WHAT TO DO IF SOMEONE USES YOUR BRAND NAME?
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


Whatsapp