Trademark infringement is the unauthorized use of service marks or trademarks on or in connection with the goods or services in a manner, which is likely to cause trickery, mystification, or mistake on the sources of goods and services. The trademark owner who trusts its mark is being infringed might file a lawsuit in either federal or state court for the trademark infringement based on the situation. But in several cases, the trademark owners select to sue for infringement in the federal court. Also, when the plaintiff selects the state court, it might be possible for the defendant to have a case removed to the federal court.
Penalties for the trademark infringement
The infringement of a trademark is a cognizable offense that means an infringer might also experience criminal charges along with civil penalties. Even, it is not needed by Indian law for a trademark to be registered for an institution of criminal or civil proceedings. This is because of the common law principle of passing off. In case of trademark infringement, the court might reward the following remedies such as damages, permanent injunction, temporary command, price of legal proceedings, and annihilation of goods by using an infringing mark and account of profits.
How to apply for patent registration in India with easy steps?
In India, the patents act is a central body dealing with regulation and
filing of the new and current patent. This act also recommends that either
assignee, inventor, or one of his legitimate representatives can apply for
the patent
registration in India or its branch office based on the jurisdiction
of a candidate. In case, the applicant is not an Indian citizen, then he or she
might apply in their respective jurisdiction, where the address for service of
an applicant is placed.
