What happens if you violate 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.
What are the consequences of breaking trademark law?
The case will now be handed back to the Crown Court were the defendant will be tried under criminal proceedings. Criminal sanctions associated with trademark infringement can attract a prison sentence of up to 10 years or an unlimited fine.
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.
How serious is trademark infringement?
Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices. … An injunction requiring the defendant to stop producing/using/distributing goods with the trademark. Seizure of goods that use or incorporate the unauthorized trademark.
Is it illegal to claim a trademark?
You can claim trademark rights in your unregistered trademark as long as it is distinctive and identifies or distinguishes your products or services. A trade name for your business is not the same as an unregistered trademark and is not given the same protections under federal trademark law.
Can you go to jail for copyright infringement?
It’s certainly possible to go to jail for violating copyright law, as long as the violation is willful and involves specific kinds or amounts of infringement.
Can you steal a trademark?
Even after your trademark application has been approved, people can challenge and steal your intellectual property, using legal means. … When a trademark is issued, the United States Patent & Trademark Office (USPTO) provides the terms and grounds on which the rights may be retained.
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.
When can you claim trademark infringement?
To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff’s consent.