What Are The Remedies For Trademark Infringement?

The possessor of the Registered Trademark could start legal proceedings against the violator who had infringed the registered trademark by stating the unfair business actions.

In India, Section 29 and Section 30 of the Trade Marks Act, 1999 states the remedies for infringement of trademarks.

There are two categories of remedies that are available to the possessor of the trademark against the unauthorized usage of its restriction by the third party. The Trade Marks Act 1999 shields the trademark with civil and criminal remedies. Civil proceedings could be started by the owner of the trademark before the District Court in whose jurisdiction the owner exists.

Civil Remedies for Trademark Infringement are available which consists of:

1.Injunction:

An injunction is stated as stopping one individual from carrying out particular activity or action through the judicial procedure. Regarding trademark infringement, it is limiting an individual from unauthorized usage of the trademark. By means of a temporary or permanent stay, the Court allows protection towards the trademark holder.

2.Damages:

Damages state towards the recovery of loss suffered by the trademark holder through the trademark infringement. The fiscal value of financial loss or brand damage is recovered under this remedy. The sum of damages would be allowed by the court after considering the actual as well as the expected loss of the owner because of infringement.

3.Custody of infringing materials:

This type of remedy proposes that the Court might ask the violator to deliver all the products or products that are categorized with the brand name. In such cases, the Court might direct the authorities to withhold the associated materials accounts and destruct all such products. Where the trademark relates towards services, that is if a Service Mark has been infringed; the order might be passed to stop the provision of the services instantly by the violator.