How To Fight Against The Misuse Of Brand Names

How To Fight Against The Misuse Of Brand Names

Every business people wants to make their brand name popular by spending a lot of money on advertisements, marketing, etc. But sometimes other competitors take over the brand name if you have not done trademark registration. What if someone misuses your brand name even after you have registered a trademark for your brand.

In this article, we are going to see how to fight against the misuse of Brand Names legally. My primary goal is to assist young entrepreneurs in running a profitable business without legal problems.

What is a Trademark?

A trademark is a unique sign or signal used by an individual, business organization, or other legal entity to represent their goods and services. A trademark can be your company name, brand name, logo, tagline, label, or package design. The purpose of trademarks is to assist consumers in determining the origin of goods and services so that they can make informed purchasing decisions.

What is Trademark Registration?

A trademark certificate will be provided to businesses by the central government to ensure the company or brand is owned by a particular person and others cannot misuse the brand’s name which is registered under the trademark. Any business can obtain a trademark for their business online through https://ipindiaonline.gov.in/trademarkefiling/

Click here to see the sample trademark certificate.

How To Fight Against The Misuse Of Brand Names

There are two legal procedures to fight against the misuse of brand names

  1. Civil Suit
  2. Criminal Suit

Civil Suit:

The civil suit is otherwise called an Infringement Suit which is a statutory right. In this scenario, you can file a civil suit in a high court or district court without providing any notice. Another advantage is that the court can provide an Interim injunction even though the opposition party is not ready to attend the court. So the opposition party should immediately stop duplication until the next hearing.

Moreover, the court will appoint an additional advocate commissioner along with an interim injunction. The advocate commissioner is in-charge to collect samples from the opposition party’s company or godown. Even he has the right to seal the place. So you can file a civil suit for an Interim injunction solution. If the case is proven, then there are chances to claim for any damages or losses. So civil cases can be filed against the misuse of brand names in court.

Criminal Case:

Here you can file a case at your local police station for the trademark misuse. The police will investigate the case and have the right to seize the place if the complaint is proven. Then a criminal case will be filed in the court and if it is proven, the person will be imprisoned for 6 months to 3 years. Also, a fine of 50,000 INR to 2,00,000 INR will be collected from the criminal. So a criminal case can be filed against misuse of brand names.

Conditions for an Infringement Suit

There are a few conditions applies to an infringement suit.

  1. Your brand should be registered under trademark.
  2. The opposition party should be an unauthorized person. (The person should not have any authorization to use the brand name)
  3. Both the products should be similar goods or services.
  4. It should have created market confusion.

You can file an infringement suit if all the above conditions are met.

In case you have an unregistered trademark for your brand or product and your brand is misused by someone, you can file Passing Off-Suit. These legal procedures will help you to fight against the misuse of Brand Names and protect brands and products from misuse by someone. Please leave your comments if you have any questions about the trademark.

Learn How to register a company in India

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