Anyone who is aggrieved by the misuse or misrepresentation of its registered/unregistered trademark can file a suit for trademark infringement/passing-off before the appropriate courts. Section 135 of the Trademarks Act provides civil remedies such as injunctions, delivery up, and profit of accounts. It is worth mentioning that only District Courts and High Courts in India have the powers where such lawsuits for infringement and passing off, among other allegations, can be filed.
The stage-wise procedure of Trademark litigation is discussed below:
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Step 1: Suit against Infringement/Passing-off:
The first step in case of an infringement/passing-off of a trademark is to file a lawsuit, before the appropriate court/jurisdiction, against the infringing entity who is unauthorizedly and illegally using the mark. The such for infringement/passing-off must contain all the important facts and data of your case.
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Step 2: Court Fee:
The applicable court fee must be submitted before the next date of hearing.
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Step 3: Hearing:
Upon the institution of the suit, the judge first observes the suit and issues notice to the opposite party for a second hearing after verifying all the details and documentation filed along with the suit. In case the plaintiff has asked for an exemption of an advance copy of the service, the suit will be processed, and an ex-parte order may be issued during the first hearing itself. .
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Step 4: Injunction Order:
In the second hearing, both parties will have to contest their case and provide suitable arguments and proof supporting their claims. If the court is satisfied with its arguments, it may issue an order for a temporary injunction or proceed further as per the rules by giving a date for the next hearing in the court.
Penalties and Reliefs in Trademark Infringement Cases
While filing a suit for Trademark infringement in India, the Plaintiff can seek various reliefs from the aggrieved party as part of the prayer. Previously, the Courts were only granting temporary or permanent injunctions, damages, costs of litigation, accounts of profits, and the destruction of infringing goods in cases of trademark infringement and passing off. However, the time has been changed and certain additional remedies are now being provided to protect the rights of the trademark owners, such remedies include:
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Anton Piller Injunction:
In order to collect evidence and other information, this order grants the plaintiff a right to conduct a surprise search and seizure on the premises of the infringing party.
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John Doe Orders:
There are instances when the details of the infringing parties are not available, in such case, the John Doe order allows the Plaintiff to take action against such unidentified infringing parties.
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Punitive Damages
In order to deter future infringements, the Court awards punitive damages in cases of deliberate and malicious infringement.
How can seedling help you with Trademark Litigation in India?
At Seedling Associates, we excel in crafting and implementing comprehensive trademark litigation strategies and provide assistance to clients at every stage. Our team regularly and proactively monitors the market and ensures vigilance of the highest form to help maintain the exclusivity of your mark. We formulate effective strategies to deal with any marks that subsequently come into being, and can adeptly handle any litigation proceedings as and when such assistance is required. Upholding your mark and its exclusivity will be our utmost concern, and any and all challenges to the same will be identified and removed meticulously.
