Trademark Infringement

Criminal Remedies for Trademark Infringement in India

Trademark infringement in India is conventionally understood through the lens of civil litigation injunctions, damages, accounts of profits and delivery up of infringing goods. These civil remedies are well-developed, extensively litigated and occupy the centre of trademark enforcement practice. However, the Trade Marks Act, 1999 contains a parallel and considerably less-discussed enforcement architecture that is

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Trademark Infringement under Section 29 – A Complete Analysis

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Trademark law exists to protect two distinct but related interests simultaneously. It protects the proprietor of a registered mark against the unauthorized use of that mark by others who would free-ride on the reputation and goodwill that the proprietor has built. And it protects consumers against confusion – against the risk that they will be

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Deceptive Similarity and the Consumer Confusion Test in Indian Trademark Law

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Few questions in Indian trademark law arise more frequently, or are decided with greater consequence, than whether two competing marks are deceptively similar to each other. The resolution of this question governs whether a trademark application will be accepted or rejected by the Registrar, whether an opposition proceeding will succeed or fail, and whether an

Passing Off and Infringement under the Trade Marks Act, 1999

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In the contemporary marketplace, a trademark is no longer a mere badge of origin; it is a repository of goodwill, consumer trust, commercial reputation and competitive identity. As markets globalize and digital platforms compress geographic boundaries, the function of a trademark has evolved from a simple identifier to a strategic business asset. Yet, the true

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