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Saksham

Legal Advisor! • 1y

Trademark infringement in India is a serious concern. Key points include: 1. Trademark Ownership: •Registration: Protect your mark under the Trade Marks Act, 1999. •Common Law Rights: Rights through actual use, but limited. 2. Likelihood of Confusion: Courts assess if the defendant's use likely confuses consumers by examining ▪︎Mark similarity ▪︎Goods/services similarity ▪︎Plaintiff’s mark strength ▪︎Evidence of confusion ▪︎Defendant’s intent ▪︎Marketing channels ▪︎Consumer care. 3. Use in Commerce: The mark must be used commercially. 4. Defenses: Includes fair use, nominative use, parody, and delay. 5. Remedies: Can involve injunctions, monetary damages, destruction of infringing goods, and legal costs. 6. Jurisdiction: Civil courts, with High Courts for significant cases. Understanding these can help protect your brand. Need assistance? Let’s discuss safeguarding your business’s intellectual property.

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Hidden IP Crimes Alert! Startups, beware of lesser-known IP pitfalls like REVERSE CONFUSION. While we usually think of smaller brands copying bigger names, reverse confusion flips the script. Here, a giant unknowingly (or deliberately) uses a smalle

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