Under the Indian legal framework, several offenses are recognized under the Trademarks Act, 1999. These offenses relate to the infringement, false representation, and unauthorized use of trademarks. Here are some of the key offenses under the Trademarks Act, along with relevant provisions:
Trademark Infringement (Section 29): This offense occurs when a person uses a mark that is identical or deceptively similar to a registered trademark in connection with goods or services that are identical or similar to those covered by the registered trademark. Section 29 provides remedies for infringement, including injunctions, damages, and account of profits.
Passing Off (Section 27): Passing off occurs when a person misrepresents their goods or services as those of another, leading to confusion or deception among consumers. Section 27 allows the owner of a trademark to take legal action against passing off to protect their rights and reputation.
False Trademark Applications (Section 102): Making false or misleading statements or representations in a trademark application constitutes an offense under Section 102 of the Trademarks Act. This includes providing false information about the applicant’s entitlement to use the trademark or the nature of the goods or services.
Unauthorized Use of Trademarks (Section 103): Unauthorized use of a registered trademark on goods or services without the consent of the registered proprietor is an offense under Section 103. This includes affixing the trademark to goods, packaging, or advertising materials without authorization.
Counterfeiting (Section 103A): Counterfeiting involves the unauthorized reproduction or imitation of a registered trademark with the intention of passing off counterfeit goods as genuine. Section 103A prescribes penalties for counterfeiting, including imprisonment and fines.
False Representation of Trademark as Registered (Section 107): Making a false representation that a trademark is registered when it is not registered constitutes an offense under Section 107. This offense aims to prevent deceptive practices that mislead consumers about the legal status of a trademark.
Failure to Observe Provisions Regarding Registered Trademarks (Section 108): Failure to comply with the provisions regarding the registration and use of trademarks, including requirements for marking registered trademarks, constitutes an offense under Section 108. This includes failure to use the ® symbol with registered trademarks.
Unauthorized Importation of Goods Bearing False Trademarks (Section 111): Importing or attempting to import goods bearing false trademarks into India constitutes an offense under Section 111. This offense aims to prevent the importation of counterfeit goods into the Indian market.
These are some of the key offenses under the Trademarks Act, 1999, aimed at protecting the rights of trademark owners and preventing unfair competition in the marketplace. Offenders may be subject to legal action, including civil remedies, criminal prosecution, fines, and imprisonment, depending on the nature and severity of the offense.
