Section 135 of Trademark Act 1999 lists remedies for trademark owners when someone infringes their mark or commits passing off. Section 135 allows courts to provide reliefs to protect the trademark owner’s rights and ensure violators face consequences. Section 135 of Trademark Act covers both registered and unregistered trademarks. For registered marks, it addresses infringement and for unregistered marks, it deals with passing off, a common law tort. This section creates a clear system for courts to step in and protect trademarks in a competitive market. This article explains Section 135 of Trademark Act in simple terms, covering its parts, remedies, and how courts use it.
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What is Section 135 of Trademark Act?
Section 135 of Trademark Act is called "Relief in suits for infringement or for passing off." It works with Section 134, which explains where to file such cases. The section has three sub-sections, each focusing on different types of relief. Let’s look at them closely.
Sub-Section (1): General Reliefs Available
Sub-Section (1) of Section 135 of Trademark Act allows courts to grant an injunction to stop infringing actions. The court decides the terms of the injunction. This relief is often the first choice because it prevents further harm. The plaintiff can also choose between damages or an account of profits. Damages cover losses the plaintiff faced. An account of profits means the defendant must give up gains made from the infringement.
This sub-section also permits orders for delivery-up of infringing labels and marks for destruction or erasure. This removes fake goods from the market and protects the trademark’s reputation. Even in passing off cases for unregistered marks, these remedies apply, showing the Act’s broad scope.
Sub-Section (2): Interlocutory and Ex Parte Orders
Sub-Section (2) of Section 135 of Trademark Act allows ex parte injunctions or interlocutory orders. These are vital in urgent situations where waiting could cause serious harm. The orders can include:
Discovery of documents: Forcing the defendant to share relevant evidence.
Preservation of infringing goods, documents, or evidence: This stops tampering or destruction.
Restraining the defendant from selling assets: This ensures the plaintiff can recover damages or costs.
This sub-section helps stop defendants from avoiding responsibility by hiding or selling assets, a common issue in intellectual property disputes. Courts often issue these orders temporarily, based on initial evidence of infringement.
Sub-Section (3): Limitations on Granting Damages or Profits
Sub-Section (3) of Section 135 of Trademark Act limits when courts can award full monetary relief. This ensures fairness. Damages (beyond nominal) or accounts of profits are not given in:
Infringement suits involving certification or collective marks.
Cases where the defendant proves they didn’t know about the registered trademark and stopped using it after learning about it.
Passing off suits where the defendant was unaware of the plaintiff’s mark and stopped using it once informed.
These rules protect defendants who didn’t know they were infringing. The defendant must prove their innocence, making this a defense rather than an easy way out.
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Remedies and Their Practical Application
Section 135 of Trademark Act offers a full range of remedies, including preventive and compensatory measures. Injunctions are the most common because they stop trademark infringement right away. A permanent injunction prevents future use, while a temporary one keeps things as they are during the case.
Damages can cover actual losses or be punitive to discourage future violations, though the Act focuses on compensation. An account of profits looks at the infringer’s earnings, often calculated with forensic accounting. Delivery-up orders ensure infringing items are destroyed.
To use these remedies, plaintiffs file suits under Section 134 in a District Court or High Court with jurisdiction. The time limit to file is three years from the infringement date, as per the Limitation Act, 1963. Criminal penalties, covered in Sections 103-104, add to these remedies with punishments like jail time.
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Judicial Interpretations and Landmark Case Laws
Indian courts have used Section 135 of Trademark Act in many cases, shaping how it works. In Hindustan Unilever Ltd. v. Reckitt Benckiser India Ltd. (2014), the Delhi High Court granted an injunction under this section. It stressed protecting consumers from deceptive similarity.
In Yahoo! Inc. v. Akash Arora (1999), the court applied passing off principles under Section 135. It awarded damages and noted that domain names can be trademarks. In Amritdhara Pharmacy v. Satya Deo Gupta (1963), the Supreme Court explained that passing off requires misrepresentation, goodwill, and damage. This guides reliefs under Section 135.
In Renault SAS v. Premier Automobiles Ltd. (2021), the court awarded an account of profits. It said delays in filing don’t block injunctions unless the plaintiff ignored the issue. In Christian Louboutin SAS v. Abubaker (2018), the Delhi High Court used Sub-Section (3) to deny damages when the defendant proved innocent use. These cases show how Section 135 balances fairness, often prioritizing harm over money.
Summary
Section 135 of Trademark Act offers a mix of injunctive and monetary reliefs while protecting innocent parties. These remedies help trademark owners act quickly to stop violations, maintain market trust and protect business goodwill. As online trade and global business grow, Section 135 importance will increase. Courts will keep adapting it to handle new challenges like online infringement. Understanding Section 135 of Trademark Act is key to helping clients in intellectual property disputes. Its clear remedies and limits support the Act’s goals of protection and fairness, making it a foundation of India’s trademark law.
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Section 135 of Trademark Act: FAQs
Q1. What is Section 134 of the Trademark Act?
It specifies where to file a lawsuit for trademark infringement, usually in the court where the trademark owner resides or the infringement occurred.
Q2. What are the 4 types of trademarks?
Product marks, service marks, collective marks, and certification marks.
Q3. What is delivery up in trademark?
It’s a court order to hand over or destroy infringing goods or materials.
Q4. What is Section 135 of the Trade Marks Act, 1999?
It outlines remedies like injunctions and damages for trademark infringement.
Q5. What is the penalty for violating trademark?
Penalties can include imprisonment up to 3 years, fines up to ₹2 lakh, or both.
