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Protecting Your Brand: How to Stop Unauthorized Use in India

Protecting Your Brand: How to Stop Unauthorized Use in India
Protecting Your Brand: How to Stop Unauthorized Use in India

In India, there are several laws that can be used to stop unauthorized use of a brand name. Here are some steps that can be taken:

  1. Trademark registration: Registering the brand name as a trademark is one of the most effective ways to prevent unauthorized use. A registered trademark gives the owner exclusive rights to use the mark in relation to the goods or services for which it is registered.

  2. Cease and desist notice: If an individual or entity is using a brand name without permission, a cease and desist notice can be sent to them, demanding that they stop using the mark.

  3. Civil suit: If the unauthorized use continues, a civil suit can be filed for trademark infringement. The suit can seek an injunction to prevent the infringing use and damages for any losses suffered by the trademark owner.

  4. Criminal action: In cases of willful trademark infringement, criminal action can be taken under Section 103 of the Trademarks Act, 1999. This can result in a fine and/or imprisonment of up to three years.

  5. Border measures: Border measures can be used to prevent infringing goods from entering the country. This can be done by filing an application for recordal of the trademark with the Indian Customs authorities.

  6. Online takedowns: If the unauthorized use is taking place online, a takedown notice can be sent to the website or platform hosting the infringing content.

It is important to take action quickly to stop unauthorized use of a brand name, as delays can make it harder to establish infringement and obtain effective remedies. An experienced intellectual property lawyer can help guide you through the legal process and develop a strategy to protect your brand.

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