A trademark serves for a unique identity which imparts a personality to a product or service. It can vary from a slogan, logo, graphic, color combination, sound, smell, taste and also an individual’s name.
After the few simple measures of application, the applied trademark needs to be approved by the trademark offices in India. Usually a product can start using TM mark after initial approval which usually given in upto three days. TM sign shows that software for trademark registration for that particular product/ brand trademark registration is under review. Entire registration process takes upto the couple of years for finalization. Subsequently a TM sign can be changed to R sign your name on.
Trademark Registration provides a statutory protection against each and every infringement due to unauthorized usage of the brand. Trademark Objection can be raised but if the prerogative during the owned Trademark Objection Reply Filing online is violated by a 3rd party. Even if the trademark is not registered, its illegal duplication gives the right to the owner to consider the infringer towards the court of law. Employing a deceptively similar mark with regards to existing registered trademark, deliberately done to misguide the average person is counted under encroachment. There are two types of remedies obtainable for trademark violation:
An action of Infringement: This course of action is taken when the trademark is registered. Group of statuary action wherein the plaintiff provides prove that the infringing mark is a deceptive imitation of the trademark. No further proof is required as the registration of trademark has already been registered the particular Government of India under Trademark Act 1999. It needs to be noted that court protects the prior consistent user of the trademark your registered trademark proprietor according to common law principles.
Action of Passing off: This procedure is followed when the trademark is unregistered. This is the common law remedy. Passing off action allows the trademark owner to change it against the infringer for passing off goods or services in the name of one other person. Here you go imperative to prove in the court that the infringement from the mark is leading to your damages of goodwill or causing monetary loss towards plaintiff. Action of passing off is unaffected by registration or unregistration for the trademark.
Remedies for infringement action and action of passing off:
Remedy for action of infringement or passing off, government. can grant relief of permanent or temporary injunction, banning the infringer to stop the us going for trademark. Alternately the court can order a monetary compensation opposed to the damage for loss of business or/ and confiscation /destruction of infringing merchandise.