There are possibilities by unscrupulous people for using of the trademarks of others without license or permission. When the registered trademark is used unscrupulous people for without license or permission it is termed as infringement. When the unregistered trademark is used unscrupulous people for without license or permission it is termed as passing off. In both cases the owner of the trademark will have irreparable damage in terms of money and goodwill. So, the offenders should be prosecuted by initiating legal actions.
The available remedies are:
- Injunction/stay against the use of trade mark
- Compensatory and punitive Damages
- Handing over of accounts and profits
- Forfeiture of goods
If it is noticed that a unscrupulous person is using your trademarks without your license or permission, you can file civil suit in the district court where you actually and voluntarily resides or carries business or personally works for gain.
Penal action can also be taken against the person who infringes trademark rights.
The learned and experienced trademark attorneys at tmkerala can help you to initiate prosecution proceedings against unscrupulous people using of your trademarks without your license or permission.