Trademark Infringement
Trademark Infringement in India
Trademark Infringement refers to the unauthorized use of a registered trademark in connection with goods and/or services in a way that causes confusion, deception, or misrepresentation about the source of the product or service. Under the Trademark Act, 1999, infringement occurs when an average consumer is misled into believing that the goods or services originate from the registered trademark owner.
Why Trademark Infringement Matters?
Protects Brand Identity: Ensures that your trademark is not misused or demeaned by competitors, safeguarding your brand reputation in the market.
Legal Enforcement: Trademark infringement cases allow you to take legal action to stop unauthorized usage and seek monetary compensation.
Brand Value & Recognition: A registered trademark represents the distinct identity of your business. Any unauthorized use of the same or a deceptively similar mark can harm your goodwill and confuse customers.
Financial & Goodwill Losses: Infringement often leads to financial losses and dilutes the brand image you’ve built over time. Proactive monitoring and legal intervention are critical.
Why Choose Cardiff Service for Trademark Infringement Cases?
Expert IP attorneys specializing in Trademark Law & Litigation.
Drafting and filing of Trademark Infringement Notices.
Strategic enforcement to stop infringers immediately.
Guidance on protecting brand value, goodwill, and reputation.
End-to-end legal support to claim damages and secure your trademark rights.
If you are facing trademark misuse or want to file for Trademark Infringement Action, Cardiff Service helps you protect your intellectual property with effective legal solutions.
Reasons for Trademark Infringement
Trademark Infringement is a serious concern for every brand owner, as it directly impacts reputation, goodwill, and market presence. Here are the key reasons why addressing infringement is essential:
Legal Right to Action: Trademark owners can initiate legal proceedings if they believe their mark is being misused, protecting their brand value from dilution.
Court Protection & Compensation: If infringement is proven, courts can issue an order preventing the infringer from using the mark and may award monetary damages to the rightful owner.
Exclusive Rights of Owners: A registered trademark grants the owner exclusive rights to stop unauthorized usage by businesses or individuals at any point in time.
Brand Security & Consumer Trust: Trademarks help consumers associate a product or service with a certain level of quality and reliability. Infringement creates confusion and undermines that trust.
Why Trademark Infringement Matters?
The primary purpose of Trademark Protection is to secure the distinct identity of a brand. Since consumers often base their purchase decisions on brand reputation and quality, infringement can severely harm business growth. This is why trademark enforcement is critical for all brand owners.
Features of Trademark Infringement
Under Section 29 of the Trademarks Act, 1999, unauthorized use of a trademark that is identical or deceptively similar to a registered trademark is considered Trademark Infringement. This not only harms the brand owner but also misleads consumers. Below are the key features and benefits of protecting your trademark through Cardiff Service:
Brand Security – Safeguard your brand identity from copycats who replicate logos, names, or color combinations to mislead customers with counterfeit products.
Get Damages – Trademark owners can claim monetary compensation for profits earned by the infringer, covering both losses and legal expenses during proceedings.
Destruction of Goods – Courts may order the removal and destruction of counterfeit or infringing goods to protect your market and prevent future misuse.
Kill the Confusion – Trademark protection prevents customer confusion regarding the source of goods/services, ensuring your brand remains authentic and trustworthy.
Claim Infringement – Owners can file claims against unauthorized use, proving that their registered trademark has been misused without consent for business gain.
At Cardiff Service, we provide expert legal support to help businesses identify, act against, and stop trademark infringement while safeguarding their intellectual property rights.
Documents Required for Trademark Infringement
When dealing with Trademark Infringement, proper documentation is essential to strengthen your case. Below are the key requirements:
If You Need to Send a Trademark Infringement Notice:
Valid Trademark Registration Certificate
Details of the infringing party
Proof of infringement (evidence such as product samples, advertisements, or usage examples)
Supporting legal documents
If You Have Received a Trademark Infringement Notice:
A copy of the Trademark Infringement Notice along with annexures
Samples of the product/service under dispute
Any other supporting documents relevant to your defense
Submitting complete and accurate documents ensures a strong legal position and helps in faster resolution of trademark disputes.
At Cardiff Service, we assist you in preparing, reviewing, and filing all the necessary documents for Trademark Infringement cases, ensuring your brand stays protected.
Legal Procedures for Trademark Infringement
Protecting your brand from misuse and infringement is crucial. Before beginning legal proceedings, it is important to determine whether the infringement is direct or indirect, as this defines the legal strategy.
Since Trademark Infringement is a cognizable offence under Indian law, the infringer may face both civil and criminal charges. The trademark owner is also entitled to monetary relief for the damages suffered
Remedies Available in Legal Proceedings
The legal process begins from serving a Trademark Infringement Notice and may include the following remedies:
Temporary Injunction – Immediate order to stop infringement activities.
Permanent Injunction – Long-term prohibition against further infringement.
Damages Compensation – Monetary recovery for financial losses suffered.
Destruction of Goods – Removal of counterfeit or infringing products from the market.
Cost of Legal Proceedings – Recovery of litigation expenses.
Legal Consequences for the Infringer
Infringers may face civil penalties as well as criminal punishments, including:
Imprisonment – Minimum 6 months, which may extend up to 3 years.
Fine – Not less than ₹50,000, which may extend up to ₹2,00,000.
At Cardiff Service, our expert legal team helps you file, defend, and resolve Trademark Infringement cases, ensuring your intellectual property remains protected.
Frequently Asked Questions
A company name search ensures that your chosen business name is unique, legally compliant, and not already registered with Companies House UK. It helps you avoid legal disputes, trademark issues, and confusion in the Cardiff business market.
If your desired name is already registered, you’ll need to choose a different name or modify it. Using a taken name could result in rejection by Companies House or potential legal issues. Our experts can help you brainstorm alternative names that are compliant and market-ready.
It’s not advisable to use a name that’s too similar to another company, especially within the same industry. Similar names can confuse customers and risk trademark disputes. A company name search helps you identify these risks early.
For a company name search in Cardiff, you may need:
Proposed company name
Business entity type (Ltd, LLP, Partnership, etc.)
Jurisdiction (Cardiff / UK)
Owner or shareholder details (if applicable)
Business description
A “high probability” result means your proposed company name is likely to be available, but further checks are recommended. This is why our detailed Cardiff Company Name Search Report includes both identical and similar names for clarity.
Certain words are restricted under UK law (e.g., “bank,” “insurance,” “government”). If you want to use them, you’ll need special approval from regulatory bodies. We guide you through this process if your Cardiff business requires such terms