Friday, 22 May 2015

How can I stop someone from misusing my logo or brand name?

If your brand name is registered then the remedy of infringement can be initiated to restrain misuse by third party. If trademark is pending then common law action of passing off can be initiated for prohibiting unauthorized use.
The reliefs that the Trademark Law provides in case of infringement or passing off are permanent and interim injunction, damages, accounts for profit, delivery of infringing goods.

Generally on discovering trademark misuse, trademark holders also send Cease & Desist notice to the infringer. Sending of Cease & Desist notice is most often sought as a means of restraining misuse of trademark as it is cost-effective and a milder form enforcing trademark rights against the infringer.

For further information on how to stop someone from misusing my logo or brand name in India, please write to us at info@ssrana.com

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