Legal Framework for Infringement

• Trademark infringement is governed by the Trade Marks Act, 1999.
  
• It occurs when a person uses a registered trademark or a deceptively similar mark without authorization.
  
• Infringement includes unauthorized use, imitation, counterfeiting, or passing off goods/services.
  
• Both civil and criminal remedies are available to the trademark owner.
  

Civil Penalties and Remedies

• The trademark owner can file a civil suit for injunction, seeking to stop the infringing activity.
  
• The court may award damages or account of profits, compensating for financial loss.
  
• The court may order seizure, destruction, or removal of infringing goods and materials.
  
• Additional relief includes legal costs, declaratory relief, and permanent injunction.
  

Criminal Penalties

• Trademark infringement is a cognizable offence under the Act.
  
• Punishment includes imprisonment of not less than six months, which may extend to three years.
  
• A fine of not less than ₹50,000, which may extend to ₹2,00,000, can also be imposed.
  
• Offenders may face both imprisonment and fines based on the gravity of the offence.
  

Penalties for Falsely Applying a Trademark

• Applying a false trademark or falsely representing a registered mark is a punishable offence.
  
• Such acts attract criminal liability, even if the trademark is not registered.
  
• The same penalties apply: imprisonment and fines, along with the confiscation of goods and tools.
  
• Repeat offences may lead to stricter judicial scrutiny and enhanced penalties.
  

Preventive and Strategic Actions

• Trademark owners should register their mark and monitor the market for unauthorized use.
  
• Issuing cease and desist notices can deter infringers before legal action.
  
• Customs enforcement, digital takedowns, and legal proceedings strengthen enforcement.
  
• Proactive protection helps maintain the value, goodwill, and exclusivity of the brand.