An infringement suit/action is a statutory remedy available for enforcing the rights of a registered trademark. In India, the use of registered types of trademarks or any mark identical, or deceptively similar to the registered trademark, by any person who is not the registered proprietor, or license holder of the mark, with respect to the goods and services for which the mark is registered, constitutes infringement.

Section 29 and 30 of the Trade Marks Act, 1999 deal with the infringement action as a remedy against unlawful and unauthorized use of a registered trademark.

Jurisdiction for instituting a suit for infringement:

Being a statutory right, Section 134 of the Trade Marks Act, 1999 provides the jurisdiction for filing an infringement suit. As per the provisions, a suit for infringement can be instituted before a District Court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain. 

Remedies for Infringement of a Trademark:

The Trade Marks Act, 1999 simultaneously provides for both civil as well as criminal remedies for trademark infringement. Accordingly, trademark infringement is a cognizable offence and criminal proceedings can be initiated against the infringer.

With respect to civil remedies, the Trade Marks Act, 1999 provides for the following remedies-

  • Injunction-

perpetual injunction is generally granted upon merits of the suit when the suit is finally decreed.

Temporary injunction, as the name suggests, is for a stipulated period of time or until any further court order and can be granted at any stage of the suit. This would be of utmost concern to any aggrieved party because unless the court grants temporary injunction, the other party can continue to use the mark and this would go against the very purpose of filing a suit of infringement or passing-off.

  • Damages
  • Account of profits together with or without an order for delivery, or destruction or erasure of the infringing products.

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