Is trademark law state or federal?
Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late 1800s, the U.S. Congress enacted the first federal trademark law.
What is the penalty for infringement of trademark?
Section 103 and 104 provides for imprisonment for a term not less than six months which may extend up to three years and fined not less than fifty thousand rupees which may extend up to two lakh rupees in case of false application of trademark and selling of goods to which false trademark has been applied.
What is the federal trademark Act?
§§ 1051 et seq., was enacted by Congress in 1946. The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur.
Are trademarks protected from infringement?
More than other forms of intellectual property, trademarks protect your ability to use your mark. If you stop using the trademark, your ability to enforce those rights can get limited or can disappear entirely. … Protect yourself from trademark infringement by registering your trademark through LegalZoom.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Can I sue someone for using my trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Who can sue for infringement of a trademark?
A registered user of a trade mark is the only entity which is recognised as having a right to institute lawsuits for infringement. Subject to an agreement with the registered proprietor, a registered user can institute a lawsuit in its own name (section 52, Trade Marks Act).
What is the difference between trademark infringement and passing off?
In an action for infringement, the Plaintiff on account of it being a registered trade mark in dispute claims to have an exclusive right to use the mark concerning those goods. However, a passing off by a person of his goods as those of another, in essence, is an action of deceit.
Is the Lanham Act federal law?
The Lanham Act (also known as the Trademark Act of 1946) is the federal statute that governs trademarks, service marks, and unfair competition. It was passed by Congress on July 5, 1946, and signed into law by President Harry Truman. The Act took effect on July 5, 1947.
What kind of law is trademark law?
Trademark law governs the use of a device (including a word, phrase, symbol, product shape, or logo) by a manufacturer or merchant to identify its goods and to distinguish those goods from those made or sold by another. Service marks, which are used on services rather than goods, are also governed by ‘Trademark law.