Trademark Infringement

 

What is a Trademark?

A trademark is a recognizable sign, design, word, or expression which identifies products or services of a particular source from those of others.

Examples:

• Nike’s logo 

• Apple’s bitten apple 

• The phrase “Just Do It”™

 How Trademark Infringement Happens

1. Unauthorised Use

Someone uses a registered trademark without the owner's permission, especially in the same or similar category of goods or services.

Example: A local shoe company uses the "Nike" name on their shoes without authorization.

2. Similarity and Confusion

The infringing mark is so similar to the registered trademark that it confuses or misleads the public.

Example: Using a brand name like “Appel” for electronics may confuse consumers into thinking it is associated with Apple Inc.

3. Commercial Use

The infringing mark is used in the course of trade—that is, for business or commercial purposes, not personal use.

4. Dilution or Tarnishment

Using a famous trademark in a way that harms its reputation or dilutes its uniqueness—even if there’s no direct competition.

Example: Using "Coca-Cola" branding on unrelated or low-quality products.

5. Passing Off (For unregistered trademarks)

Even if a trademark isn’t registered, using a similar mark to mislead consumers into believing your product is someone else’s is called passing off.

Criteria to Prove Trademark Infringement 

Under the Trade Marks Act, 1999 (India) or similar laws elsewhere, courts consider:

• Whether the marks are visually, phonetically, or conceptually similar

• Whether goods/services are identical or similar

• Likelihood of consumer confusion

• Intent to mislead (not necessary but relevant)

• Evidence of actual confusion (helpful but not required)

Remedies Available to Trademark Owners

If infringement is proven, courts may grant:

• Injunction (stop the use of the mark)

• Damages or profits (monetary compensation)

• Destruction of infringing goods

• Court orders to change business names, packaging, domain names, etc.