Court Case Bulletin (CCB): Application For Stay Of Trademark Infringement Suit Can Be Filed Based On Pending Rectification Application Filed By Third-Party - ALG India Law Offices LLP (2024)


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Court Case Bulletin (CCB): Application For Stay Of Trademark Infringement Suit Can Be Filed Based On Pending Rectification Application Filed By Third-Party - ALG India Law Offices LLP (2024)


What is the limitation period for trademark infringement in India? ›

Limitation: The period of limitation for filing a suit for infringement of a trademark/passing off is three years from the date of infringement/passing off.

How to file a case for trademark infringement in India? ›

A lawsuit against Infringement can be filed in the District Court under Section 134 of the Trademark Act, 1999. Afterwards, the court will file an injunction order. That would eventually include payment of damages to accounts of profits and destruction of infringing labels.

What to do with trademark infringement? ›

Trademark owners can take legal action if they believe their marks are being infringed. If infringement of a trademark is proven, a court order can prevent a defendant from using the mark, and the owner may be awarded monetary relief.

What is the punishment for infringement of trademark in India? ›

Penalties or Punishment for Infringement of Trademark

Imprisonment for the minimum period of 6 months which can extend up to 3 years. The infringer may end up paying a fine ranging from Rs. 50,000 to Rs. 2,00,000 on the infringer.

What is the punishment for trademark infringement? ›

The remedies for infringement under the Lanham Act are statutory and consist of: injunctive relief; an accounting for profits; damages, including the possibility of treble damages when appropriate; attorney's fees in "exceptional cases;" and costs.

How do you win a trademark infringement case? ›

To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...

How much does a trademark infringement case cost? ›

Average Cost of Trademark Infringement Lawsuit

If your business is the plaintiff, as opposed to the defendant, a trademark infringement lawsuit can cost between $10,000 and $750,000. If you're the defendant, you may be forced to pay additional costs in financial damages and, in some cases, attorneys' fees.

How do you resolve trademark infringement? ›

Sending a cease and desist letter is often the first step in notifying the infringer of the situation and letting them know you are aware of your rights in your trademark. These letters outline the infringement that has occurred and allows the trademark owner to give their demands moving forward.

What is the most common remedy for trademark infringement? ›

Remedies available for trademark infringement

The most common form of relief granted to a successful plaintiff in a trademark infringement lawsuit is an injunction against further infringement. If the infringed mark was federally registered, attorneys fees would also be available to a successful plaintiff.

What are four defenses to a trademark infringement claim? ›

There are four main trademark infringement defenses that may be available for a defendant against a claim of trademark infringement:
  • Doctrine of laches;
  • Estoppel;
  • Unclean hands; and.
  • Fair use doctrine or collateral use doctrine.
Dec 29, 2022

What is an example case of trademark infringement? ›

In June 2021, Adidas filed a lawsuit against fashion designer Thom Browne, asserting that Browne's four-stripe designs were too similar to Adidas' iconic three-stripe trademark, leading to confusion among consumers.

Is there a statute of limitations on trademark infringement? ›

The Lanham Act contains no statute of limitations applicable to trademark infringement, unfair competition, or similar causes action that are brought pursuant to Section 43(a) of the Act.

What is trademark 5 year rule? ›

A Trademark or Service Mark registration is active for five (5) years from the date the mark was filed with the California Secretary of State's office. Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years.

Is a trademark protected for 10 years? ›

Trademarks do not have expiration dates. A trademark can last indefinitely if it continues to be used to represent a brand and is properly maintained. So, to keep your trademark alive, you need to continue using it in commerce and renew it every 10 years with the US Patent and Trademark Office.

What is the validity period of trademark in India? ›

The validity term of a registered trademark in India is ten years from the date of filing, renewable an unlimited number of times for a period of ten years.

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