What happen if there is infringement of a trade mark? Part I - Criminal Process

-- What happen if there is infringement of a trade mark?

Options against infringement


A wrongful accusation can result in a counterclaim by the otherside. In lawyer speak, it is known as unjustified threats or groundless threats. It is best to engage an experienced attorney to advise you whether a letter can be issued. However, the groundless threats problem only bothers the tm owner if he or she intends to issue a demand letter or more commonly referred to as cease and desist letter (you might have heard of "cease and desist" in the movies).

-- Criminal process in Singapore

If the infringer uses an identical mark, there is the option of starting a criminal process. Such process usually starts with raid by the police under the authority of a search warrant. 

The search warrant is issued by a magistrates in the subordinate courts
following a complaint sworn by the trade mark owner. Police raids have been rather effective in stopping infringement because of the government pro intellectual property rights stand.

The details of the complaint is written onto one of the forms available at the subordinate court counters and sworn before a duty magistrate. A sample of the infringement would need to be produced as evidence.


Once a complaint is accepted, the magistrate will issue a search warrant for the Intellectual Property Branch of the Police to carry out the search warrant. With the search warrant, the police will call at the premises named in the complaint to take into custody evidence of the infringement which would be the counterfeits and relevant documents. In some more elaborate exercise, a computer forensic expert might be engaged to join the raiding party so as to search for computer files given that most documents are saved electronically these days.   

Following the seizure, the prosecution process might start with a "private" prosecution: which means the attorney who is prosecuting is a private lawyer who has obtained approval from the Attorney General to prosecute the case.


A successful prosecution may result in a prison term and or fine. Prison term is usually impose where the infringement is significant. In the course of the prosecution, it is quite common for the parties to settle amicably with the infringer signing an undertaking not to infringe further, promise to destroy the offending goods, publishing a public apology and payment of a agreed amount.