{"id":9957,"date":"2021-12-23T06:00:53","date_gmt":"2021-12-23T06:00:53","guid":{"rendered":"https:\/\/swaritadvisors.com\/blog\/?p=9957"},"modified":"2021-12-23T06:03:15","modified_gmt":"2021-12-23T06:03:15","slug":"difference-between-trademark-infringement-and-counterfeiting-of-trademark","status":"publish","type":"post","link":"https:\/\/swaritadvisors.com\/blog\/difference-between-trademark-infringement-and-counterfeiting-of-trademark\/","title":{"rendered":"Difference between Trademark Infringement and Counterfeiting of       Trademark: An Overview"},"content":{"rendered":"\n<p class=\"has-drop-cap\">Trademark could\nbe word, phrase, symbol, design, or the combination of aforesaid things that\nrecognize the goods and services. Because of these stated things, a buyer can\nidentify you in the marketplace and differentiate you from other competitors.\nThe word &#8220;Trademark&#8221; refers to both trademarks and service marks. A\nTrademark recognizes the source of goods and services, provides the legal\nprotection of the brand, helps in protection against counterfeiting and fraud.\nUnder the Trademarks act 1999, the word counterfeiting of Trademark is not\nincorporated. It is significant to understand the meaning of counterfeiting,\nwhich certain English pro pounders have propounded in legal dictionaries. In\nthe Oxford English Dictionary, the meaning of counterfeiting is defined as\n&#8220;money and goods for sale&#8221; It is a kind of trick to let people\nbelieve that they are getting the real thing.&#8221; In black&#8217;s Law dictionary,\nthe meaning of counterfeiting is defined as selling and producing items that\nexhibit the production of genuine and real Trademark, to deceive buyers to\nthink that they are purchasing the authentic article. Scroll down to check the\ndifference between Infringement and counterfeiting.&nbsp;<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_65 counter-hierarchy ez-toc-counter ez-toc-light-blue ez-toc-container-direction\">\n<p class=\"ez-toc-title\">Table of Contents<\/p>\n<label for=\"ez-toc-cssicon-toggle-item-6a3b07b19b414\" class=\"ez-toc-cssicon-toggle-label\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/label><input type=\"checkbox\"  id=\"ez-toc-cssicon-toggle-item-6a3b07b19b414\"  aria-label=\"Toggle\" \/><nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/swaritadvisors.com\/blog\/difference-between-trademark-infringement-and-counterfeiting-of-trademark\/#What_do_you_mean_by_the_word_%E2%80%9CCounterfeit%E2%80%9D\" title=\"What do you mean by the word\n&#8220;Counterfeit&#8221;?\">What do you mean by the word\n&#8220;Counterfeit&#8221;?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/swaritadvisors.com\/blog\/difference-between-trademark-infringement-and-counterfeiting-of-trademark\/#What_do_you_mean_by_the_Term_%E2%80%9CTrademark_Infringement%E2%80%9D\" title=\"What do you mean by the Term &#8220;Trademark\nInfringement&#8221;?\">What do you mean by the Term &#8220;Trademark\nInfringement&#8221;?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/swaritadvisors.com\/blog\/difference-between-trademark-infringement-and-counterfeiting-of-trademark\/#Difference_between_Infringement_and_counterfeiting\" title=\"Difference between Infringement and counterfeiting\">Difference between Infringement and counterfeiting<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/swaritadvisors.com\/blog\/difference-between-trademark-infringement-and-counterfeiting-of-trademark\/#Conclusion\" title=\"Conclusion&nbsp;\">Conclusion&nbsp;<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_do_you_mean_by_the_word_%E2%80%9CCounterfeit%E2%80%9D\"><\/span>What do you mean by the word\n&#8220;Counterfeit&#8221;?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>To understand\nthe difference between trademark infringement &amp; counterfeiting of\nTrademark, we should first understand the meaning of Counterfeit; it is the\npractice of making fraudulent copies which paramount intention to defraud the\nbuyer. Counterfeit products are bearing marks substantially indistinguishable\nfrom the genuine mark. Counterfeiting of Trademark falsely manipulates the\ncustomer and lets them believe that the products are, in fact, original and\ngenuine because of identical packaging, colour combinations, and near-identical\nproducts. They are colourable imitations of the actual product. As&nbsp;<strong>section 104 of Trademark act 1999&nbsp;<\/strong>states\nthe punishment for selling goods with false Trademark, the prescribed\npunishment shall be not less than six months of imprisonment, which can be\nextended to three years with a fine same shall not be less than fifty thousand\nrupees and can be extended up to two lakh rupees. A considerable portion of the\npopulation cannot enjoy luxury products due to financial constraints. As a\nresult, such commodities become a prominent target, as cheaper knockoffs can be\npassed off as genuine items. This is especially true in retail and clothes,\nwhere things have a limited life cycle due to ever-changing fashion trends.\nConsumers are frequently enticed to purchase such things for this reason. China\nis currently the world&#8217;s second-largest economy. As a result, it has an\ninsatiable hunger for high-end items. Unfortunately, it is also the world&#8217;s\nbiggest producer of counterfeit goods. Technical know-how is occasionally\nleaked from manufacturing centers, resulting in low-cost counterfeits in\nsweatshops.&nbsp;<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_do_you_mean_by_the_Term_%E2%80%9CTrademark_Infringement%E2%80%9D\"><\/span>What do you mean by the Term &#8220;Trademark\nInfringement&#8221;?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>Trademark gives recognition to the products by the creation of distinctiveness from other products. Consumers are safeguarded because they rely on visual signals that the product they are purchasing is acquainted with and is of a regulated and thus of safe quality. Consumers utilize the most frequently used trademark logo to identify the product concerning the company. A competitor may attempt to market his goods by copying an existing brand to induce misunderstanding. Customers may feel there is a connection between the registered Trademark and the new mark due to the resulting confusion. As a result, sales would be diverted to the brand attempting to exploit the popular Trademark&#8217;s goodwill. Trademark protection will be provided only if registered in a particular territory. This registration grants the exclusive right to use the Trademark in connection with the goods it is registered. If another person infringes on this right by using a mark that is deceptively similar to his Trademark, the trademark owner might file a lawsuit for Infringement. An action like this will be successful if proven that a trademark&#8217;s essential characteristic has been copied. Infringement of registered trademarks is defined in&nbsp;<strong>Section 29 of the Trade Marks Act 1999<\/strong><sup><a href=\"https:\/\/en.wikipedia.org\/wiki\/Indian_trademark_law\" class=\"text-primary\"><strong>[1]<\/strong><\/a><\/sup>. Late fashion designers are legitimately enforcing their rights, and a Delhi store owner has been forced to stop using the Sabyasachi logo in any way. There may also be instances where a mark is created that is confusingly similar to a registered or well-known trademark for a related or unrelated class of goods. Thus, the underlying goal is to confuse the consumer by using the registered Trademark&#8217;s goodwill to confuse the customer by similarities in the mark and the items, or both.&nbsp;<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Difference_between_Infringement_and_counterfeiting\"><\/span>Difference between Infringement and counterfeiting<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>Let&#8217;s\ndifferentiate Trademark infringement and counterfeiting of Trademark. Due to\nthe widespread use of counterfeit items and trademark infringement and the\nsimilarity in the harm caused by the two, the terms are frequently\ninterchanged. Counterfeiting is frequently referred to as a subset of trademark\ninfringement. However, the two behaviours must be separated to prevent the\nspread of the threat of economic loss by implementing particular\ncountermeasures. In layman&#8217;s words, counterfeiting is a more blatant act of\ndishonesty, whereas Infringement is a more refined\/sophisticated conduct.\nCounterfeiting is a cheap imitation that takes advantage of a consumer&#8217;s\ndesires confined by financial restrictions or, in some cases, due to the\nnon-availability of the desired products in that region and produces cheap\nknocked down products. Infringement is defined as the production of goods with\nsimilar or identical marks to cause customer misunderstanding. The goods are\nalso identical or identical to the original brand, giving the consumer the\nimpression that the two are interlinked. Counterfeit goods have a higher\nstandard of proof, as the mere presence of such goods is enough for the\nplaintiff to file a lawsuit against the defendants. In the event of\ninfringement, the plaintiff must show that the registered Trademark is being\nused by someone who is not an authorized person and that the use of identical\nor deceptively similar marks creates a false impression of the registered\nTrademark. In the case of counterfeiting, the trademark owner can ask the court\nto stop the ex parte seizure. Counterfeiting is a criminal offense in India\nsame defined under&nbsp;<strong>Section\n476 of the Indian Penal Code.&nbsp;<\/strong>Infringement remedies are\nprimarily civil. Nike, a well-known brand, was given damages and a permanent\ninjunction against merchants selling counterfeit goods with their logo. Both\ncompensatory and punitive damages were awarded. Similarly, a well-known luxury\nbrand, Montblanc, was granted relief in the form of a permanent injunction\nagainst a website selling counterfeit Montblanc products, but no damages were\nallowed.&nbsp;<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conclusion\"><\/span>Conclusion&nbsp;<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>We conclude here that, differentiating the Trademark infringement and counterfeiting, we can understand that due to the internet&#8217;s widespread reach, counterfeit goods and <a class=\"text-primary\" href=\"https:\/\/swaritadvisors.com\/trademark-infringement\"><strong>trademark infringement<\/strong><\/a> has reached the following levels. Counterfeiters frequently develop social media accounts where they publish images of legitimate brands. The link to finish the sale takes the user to a different website to complete the transaction. It&#8217;s difficult to monitor and oversee such sales. The simplicity with which counterfeit products can be purchased and their low cost have resulted in a loyal consumer base of willing buyers. Because counterfeits are of lower quality, brands may lose value in the long run. In layman&#8217;s words, counterfeiting is a more blatant act of dishonesty, whereas Infringement is a more refined\/sophisticated conduct.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our Article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/swaritadvisors.com\/blog\/how-to-apply-for-trademark-registration-for-heritage-hotels\/\">How to Apply for Trademark Registration for Heritage Hotels?\n<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Trademark could be word, phrase, symbol, design, or the combination of aforesaid things that recognize the goods and services. Because of these stated things, a buyer can identify you in the marketplace and differentiate you from other competitors. The word &#8220;Trademark&#8221; refers to both trademarks and service marks. A Trademark recognizes the source of goods [&hellip;]<\/p>\n","protected":false},"author":8,"featured_media":9960,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[72],"tags":[946],"acf":[],"_links":{"self":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/9957"}],"collection":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/comments?post=9957"}],"version-history":[{"count":8,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/9957\/revisions"}],"predecessor-version":[{"id":9966,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/9957\/revisions\/9966"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media\/9960"}],"wp:attachment":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media?parent=9957"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/categories?post=9957"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/tags?post=9957"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}