🚀 Medial Secures Investment on Shark Tank India - Fueling the Future of Professional Social Networking. 🔥
Login

Back

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.

Reply
1
7

More like this

Recommendations from Medial

Image Description

Saksham

Legal Advisor! • 1y

Safeguard Your Brand: Proactive Strategies for Trademark Enforcement. As an IP attorney, I've seen the power of proactive trademark enforcement. Here's how to protect your brand: ●Monitor your mark across platforms. ●Utilize USPTO resources to trac

See More
1 Reply
6
Image Description
Image Description

Gyananjaya Behera

Helping an Idea to S... • 1y

Delhi HC Seeks Dealer, Product Details From Tesla Power India In Trademark Case With Musk’s Tesla Inc - Court's Inquiry: Delhi High Court asks Tesla Power India for details on electric scooter sales amid a trademark dispute initiated by Tesla Inc.

See More
7 Replies
8
Image Description
Image Description

Tarun Suthar

 • 

The Institute of Chartered Accountants of India • 1y

What's the Benefits of Trademark Registration! Registering a trademark in IP India and under the World Intellectual Property Organization (WIPO) framework provides several important advantages for businesses and startups. Under the WIPO system and

See More
10 Replies
3
8
Image Description

Saksham

Legal Advisor! • 1y

I have my brand's trademark (TM) registered but didn't retain the lawyer/law firm for brand maintenance & protection. Well, we recently faced a similar matter. Here's the story: Recently, we helped a founder of Bangalore-based Chai Cafe Chain navig

See More
1 Reply
2
7
Image Description
Image Description

Saksham

 • 

Bebyond • 1y

A new chapter begins today. Our journey with a leading Turkish Armoured Vehicles brand comes begins. A few months ago, we we were approached by the brand through our Turkish Legal Partners with a complex US trademark Office Action alleging "likelihoo

See More
3 Replies
12

Tarun Patel

Cybersecurity Analys... • 10m

Protect Your Creations: Understanding Copyright for Content Creators & Programmers Are you a content creator or programmer struggling to protect your work from unauthorized use? Understanding copyright is essential to safeguarding your ideas, code,

See More
Reply
1

Saksham

 • 

Bebyond • 1y

[This post has been deleted by the creator]

Reply
1
6

Start Karo

Soch mat, bas start ... • 1y

[This post has been deleted by the creator]

Reply
2

Download the medial app to read full posts, comements and news.