Both Civil and Criminal remedies are available in the Infringement or Passing off action.
Under Section 135 of the Trade Marks Act, 1999, the court grant relief in any suits for infringement or for passing off for injunction; either damages or an account of profits together with or without an order for delivery up of the infringing labels and marks for destruction or erasure. Criminal Prosecution of infringers of trademark is also provided under Trade Marks Act, 1999. Criminal Prosecution of person infringing an un-registered mark is also available under various provisions of Indian Penal Code, 1860. However, it pertinent to note that the Criminal Prosecution of an infringer under Trade Marks Act, 1999 is much easier and effective then Criminal Prosecution of a persons infringing an un registered mark under relevant provisions of Indian Penal Code, 1908.
Remedies available for protection of trademarks in India includes:
- Civil Action
- Criminal Proceedings
- Administrative Remedies