What are the consequences of trademark infringement?
Trademark infringement can result in the following legal consequences: Monetary reimbursement for losses to the plaintiff. An injunction requiring the defendant to stop producing/using/distributing goods with the trademark. Seizure of goods that use or incorporate the unauthorized trademark.
What happens if trade name which is protected is misused for wrongful commercial gain?
Imprisonment for a period not less than six months that may extend to three years. A fine that is not less than Rs 50,000 that may extend to Rs 2 lakh.
What is the purpose of the Madrid Protocol?
The Madrid Protocol is an international system for obtaining trade mark protection in a number of countries and/or regions using a single application. Protection (an “International Registration”) can only be obtained for countries and regions which have joined the system (member countries), and these are listed below.
What trademark infringement means?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What is the significance of the Madrid Protocol and when was it signed?
The Madrid system comprises two treaties; the Madrid Agreement Concerning the International Registration of Marks, which was concluded in 1891, and entered into force in 1892, and the Protocol Relating to the Madrid Agreement, which came into operation on 1 April 1996.
How does the Madrid Protocol protect Antarctica?
Article 7 of the Madrid Protocol unambiguously prohibits mining in Antarctica. It states that ‘Any activity relating to mineral resources, other than scientific research, shall be prohibited’. There is no time limit on the mining ban and there are strict rules for modifying the ban.
What happens if your trademark application is denied?
If your trademark has been refused by the USPTO, you can still use it in the marketplace. However, if it was refused because the government considered it to be too similar to another mark, then it’s important to study the judgement carefully before continuing to use the trademark in commerce.
What makes a trademark invalid?
Generally, there are four reasons invalidation of a registered extension of protection to the United States may occur: (1) cancellation proceedings instituted by a third party before the Trademark Trial and Appeal Board; (2) order of a federal court of the United States; (3) failure to file an acceptable §71 affidavit …
What is the class of a trademark?
A trademark’s class provides information about the type of good or service that the mark represents. The U.S. Patent and Trademark Office (“USPTO”), which is the federal agency charged with overseeing the registration of trademarks, divides marks into 45 different categories; 34 for products and 11 for services.
What are the remedies for trademark infringement in the UK?
If the trademark owner is able to prove infringement, available remedies may include the following: a court order (injunction) that the defendant stop using the accused mark;
What are the requirements for a trademark infringement claim?
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…
What is tradtrademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
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