Trademark, despite its miniature size, is a hallmark of the entire business. It can either be a name, symbol, or both and usually, the intellectual property organization is responsible for the registration. Once your trademark is registered officially, it is a pass for you to use that trademark. It also protects it from being used by others, and it is exclusively available just to you.
What is the infringement of a trademark?
Under sections 39 and 40 of the Trade Marks Ordinance 2001, you are legally protected. If someone else uses the same or identical trademark for the business which is similar to yours, then it will count under the infringement of trademarks. The law provides you with exclusivity rights and prevents others from using the same trademark as yours.
Penalties for infringement
Sections 39 and 40 give many ways through which the owner of the trademark can seek help if his exclusivity rights are being exploited.
- Compensation for any harm or losses caused by the infringement.
- Compensation for any harm or losses caused by the infringement.
- A requirement for the infringing party to disclose profits made from the unauthorised use of the trademark.
- The right to pursue additional legal actions similar to those available to someone with different types of property rights.
- Trade Marks Ordinance 2001 is responsible for handling all the matters regarding the trademark exclusivity violation.
Civil remedies
If you are a business owner and you think your trademark is being infringed, you can immediately go to the civil court to file a complaint. The court will grant you compensation for any damage or harm that is being done. The court will also issue a legal notice for the other party who was involved in the trademark infringement. It also includes the power to request an injunction to stop the unauthorised use of the trademark and the ability to ask for an account of profits made by the infringing party.
Criminal remedies
Trademark infringement is considered a criminal offence in Pakistan. This means that the person involved in the crime is bound to face criminal charges from the court. If someone is found guilty of trademark infringement, they may face fines and even imprisonment. The criminal remedies will play the role of a deterrent, discouraging people from trying to use someone else’s trademark for their gain.
FAQS
- What is a trademark infringement?
Trademark infringement happens when someone uses a logo or name that looks too much like a registered trademark.
- What can I do if someone copies my trademark in Pakistan?
You can take legal action. In Pakistan, there are both civil and criminal remedies.
- How does the Trade Marks Ordinance 2001 protect me?
This is the law in Pakistan that safeguards trademark owners. It provides civil remedies under Section 46.
- Can I get money if someone copies my trademark?
Yes, you can. The court may award you damages, which is like compensation for any harm or loss you suffered due to the trademark infringement.