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trademark registration in india

Trademark Litigation


Trademark infringement is “infringement” upon the rights of a trademark owner. It may give rise to trademark infringement litigation.

 

Under the India Trade Marks Act, trademark infringement may occur when someone uses the identical mark of a trademark owner, or when someone uses a “confusingly similar” mark to that of the trademark owner, in connection with goods or services which are identical or similar to the goods or services of the trademark owner. Moreover, actual use of the offending trademark may be unnecessary, if there is an intent on the part of the defendant to use the offending mark.

 

In recent years, trademark infringement cases in India have become more numerous and increasingly complex. Because such litigation serves as the final defense of trademark holders’ rights, conflicts arising from such cases are much more serious than those in other dispute resolution proceedings. In some cases, a company’s survival may hinge on the outcome of such litigation, especially when the trademark in question ranks among the company’s most important assets.

 

If you sure that you are accused by another party of infringing on their and someone is infringing on your trademark. So you can case on them and that party who is infringing your trademark. Establishing your trademark with the help of an experienced trademark attorney will go far toward avoiding loss of that valuable property. The attorney’s groundwork will establish your rights to the trademark, whether defending it from unauthorized use by others or defending you against accusations of trademark infringement.

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