Trade Mark Infringement

  • Mayank Mathur
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  • Mayank Mathur

    Student at Reva University, Bangalore, India

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Today's global marketplace presents a major danger to brand owners from trade mark infringement in terms of law, business, and reputation. This abstract gives a general review of trade mark infringement, examining its definition, essential components, and possible repercussions for both violators and owners of intellectual property rights. When a registered trade mark or a mark that is confusingly similar to it is used without authorization, it is referred to as trade mark infringement. The key components of trade mark infringement are examined in the abstract, including the need for a legitimate, registered mark, the potential of confusion, and the use of the mark in commerce. Trademark infringement can have serious repercussions for both the violator and the brand owner. In some jurisdictions, violators may be subject to legal action, which may include injunctions, damages, an accounting of profits, and potential criminal penalties. In addition, reputational harm can result from unfavourable press coverage of illegal activity, which can undermine consumer loyalty and trust. However, trade mark owners may incur financial losses as a result of diminished brand value, diminished market share, and diminished competitive advantage. Brand owners can take preventive steps to safeguard their trade marks, such as conducting thorough searches, registering their marks, and vigilantly scanning the market for suspected infringements. For limiting damages and maintaining the integrity of the system, early detection and punishment of violations are essential. The abstract also discusses new issues facing society in the digital age, including online trademark infringement, counterfeiting, and the expansion of social media platforms as possible sites for infringement. It emphasises how crucial it is to modify legislative frameworks and enforcement practises in order to effectively counter these changing dangers. In summary, trade mark infringement puts brand owners at serious risk, needing vigorous enforcement and protection measures. In order to promote a fair and competitive marketplace and protect intellectual property rights, it is essential for both businesses and consumers to understand the legal and commercial ramifications of trade mark infringement.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 2534 - 2539


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