A registered trademark is infringed, if a person uses without authorization the identical or confusingly similar Trademark in relation to the goods for which it is registered. Infringement action is possible only for the Registered trademark and in such cases plaintiff has to show the identical or deceptively similar trademark is being used without any authority by the defendant in relation to the goods covered under his registration. No need to show the proof of actual harm or loss to his business is necessary.
In an action for infringement, all such relief by way of damages, injunctions, accounts of profits are available to the proprietor of the trade mark.
- In Pakistan, the court is empowered to:
- Grant injunction against any third person restraining him from causing infringement of the intellectual property right of the right holder.
- Order for damages against the defendant as it may deem just and reasonable.
- Grant injunction along with an award of damages.
- Order for the infringing goods to be disposed of beyond the commercial channels.
- Order for the infringing goods to be destroyed.
- Call for any evidence by the opposing party and treat it as confidential information if it substantiates the claim of the opposing party.
- No injunction shall be denied for the reason that the applicant is entitled to receive damages.
- The licensee can also bring an infringement action against the party usurping the right of the actual owner unless the licensee is restricted to do so in the licensing agreement.
For any act to cause an infringement the conflicting mark should be looked at from the point of view of a common man to discern whether he would be misled and confused by the same.