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Following is the procedure to obtain remedies for Trademark Infringement
Procedure Under Criminal Law
• Section 154 of the Criminal Procedure Code allows for the filing of a FIR (CrPC). If the police department refuses to register a FIR, the individual may file a complaint with the Magistrate under Section 156 (3) of the CrPC (Criminal Procedure Code).
• An investigation will begin once the FIR is registered or a Magistrate’s order is issued, and it will be led by a Police Officer. The investigation may include a search and seizure of goods and services bearing the infringing Trademark.
• The benefits of a criminal remedy in the case of infringement include the victim’s ability to initiate a process against an unknown individual. Sometimes the name of the producer and distributor is unknown to the victim, which creates a barrier in bringing a criminal case against the Trademark infringer. Sections 93 and 94 of the CrPC authorise the commencement of a search and seizure proceeding against an unknown individual.
Procedure Under Civil Law
In the event of trademark infringement, a case under Section 134 of the Trademark Act may be brought in the District Court; the district court’s jurisdiction shall be where the plaintiff’s Head Office is located or where the cause of action has arisen. Section 20 of the CPC does not apply to the filing of a lawsuit under Section 134 of the Act.
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