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Tax India ›› Indian Law ›› Intellectual Property Law ›› Trade-Mark ›› Remedies
Remedies
The proprietor of a trademark has a right to file a suit for infringement of his right and obtain
- Injunction- an injunction restrains the defendant from using the offending mark pending the trial of the suit or until further orders.
- Damages in assessing the damages the important question is what is the loss sustained by the plaintiff. The loss must be the natural and direct consequence of the defendant's acts. The object of damages is to compensate for loss or injury.
- Accounts of profits. Where a plaintiff claims the profits made by the unauthorised use of his trademark, it is important to ascertain to what extent he trademark was used, in order to determine what proportion of the net profits realised by the infringer was attributable to its use.
No Action For Infringment Of Unregistred Trade Mark
No person shall be entitled to institute any proceeding to prevent, or recover damages for, the infringement of an unregistered of an unregistered
Jurisdiction
A suit for infringement of registered trademark is filed in District Court having jurisdiction or in a High Court having original jurisdiction to entertain such suits. The infringement must have taken place within the territorial jurisdiction of the Court.
Limitation
The period of limitation for filing the suit is three years from the date of infringement
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