Trademark infringement is a violation of select rights attaching to a trademark without the authorization of the trademark owner or any licensee. Trademark infringement mostly occurs when a person uses a trademark which may be either a symbol or a design, with resemble to the products owned by the other party. The trademark owner may begin a legal proceeding alongside a party, which infringes its registration.
Trademark infringement law:There are two types of remedies are available to the owner of a trademark for illegal use of its imitation by a third party. These remedies are:-an action for passing off in the case of an unregistered trademark and an action for infringement in case of a registered trademark. An infringement action and an action for transient off is quite different from each other, an infringement action is a statutory remedy and an action for passing off is a common law remedy.
Accordingly, in order to set up infringement with regard to a registered trademark, it is necessary only to found that the infringing mark is deceptively similar to the registered mark and no further proof is required. In the case of a passing off action, proving that the marks are deceivingly similar alone is not sufficient. The use of the mark should be likely to mislead confusion.
Further, in a passing off action it is necessary to prove that the use of the trademark by the defendant is likely to cause injury to the plaintiff's goodwill, whereas in an infringement suit, the use of the mark by the defendant need not cause any injury to the plaintiff. Trademark infringement laws help the trademark holders to keep awareness about infringement of trademark.