Trademark Protection in India
Remedies available for trademark protection in India including an action against infringement and passing off are as follows:
Civil Action– The competent Courts can be moved for grant of relief of injunction against infringement and/or passing off.
Criminal Proceedings– Criminal complaints can also be filed against persons who have infringed the mark in addition to a civil action.
Administrative Remedies– Notice of opposition can be filed against trade mark applications published in the Trade Marks Journal. Proceedings can be initiated for rectification/cancellation of registered trademarks before the Registrar of Trade Marks.
Border Measures– The Indian Customs Act 1962 confers power on the Central Government to prohibit importation or exportation of certain goods. In exercise of the powers conferred by that statute section, the Central Government has prohibited the import of those goods that have applied a false trade-mark or a false trade description. The Trade Marks Act 1999 provides that the proprietor or a licensee of a registered trademark may give notice in writing to the Commissioner of Customs to, prohibit the importation of any good if the import of the said good constitutes an infringement under the said Act.
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