Infringement of a Trademark alludes to the usage of an organization's / individual / s trademark in different ways. It amounts to trade rights violation without authorization by the trademark owner or licensee. It can have disastrous consequences on the business of an organization where the defaulter benefits by confusing / misleading the consumers regarding identification. In such a scenario, the trademark owner files a case for Trademark Infringement under the requisite Act.
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It exists in several forms :
Infringement can also exist in the case of unregistered trademarks and in such cases, the company which had started using the trademark earlier is favored. There have been several cases where counterfeit products were being sold on the basis of using an established companys brand name but there have been cases where the defendant was not aware of the plaintiffs trademark at all. The party which has been accused may appeal against the ruling if it manages to establish a legitimate exception or defense against the infringement. It can also defend it self by attacking the other company for non-use of their trademark and so on.
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