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What is trademark infringement?

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1 2022-01-31T19:25:22+00:00
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What is trademark infringement meaning?

Similar branding names or symbols can confuse a person. Customers usually purchase a product by

  • Recognising a company product

  • Determine the quality

Therefore if two or three brands manufacture an item with the same name, and same symbols this can mislead the customers. To avoid this kind of confusion, the Trademark Act, 1999 introduced some guidelines dealing with registration, protection and penalties against infringement related to trademarks. Trademark infringement is known as the unauthorised usage of trademarks that is similar to a registered trademark.

The organisation that helps to safeguard the registered trademarks are the  Indian Patent Office administered by the Controller General of Patents, Designs and Trademarks. The trademarks registered for protection are considered intellectual properties. This is the trademark infringement definition.

Types of trademark infringement:

  • Direct Infringement:

When a trademark is used by an unauthorised party, which can be identical or deceptively similar, it is known as direct infringement. This type of trademark infringement falls under Section 29 of the Trademark Act.

  • Indirect Infringement:

When a party commits an infringement without directly getting involved in it but causes another party to do so, it is known as indirect infringement.

This was the meaning of trademark infringement in a nutshell.

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