A trademark serves for a unique identity which imparts a personality to a product or service. It can through a slogan, logo, graphic, color combination, sound, smell, taste as well as an individual’s name.
After the few basic steps of application, the applied trademark ought to be approved with the trademark offices in India. Usually a product can start using TM mark after initial approval can be given in upto 72 hours. TM sign shows that use for trademark registration for that particular product/ brand trademark registration is under review. Entire registration process takes upto couple of years for achievement. Subsequently a TM sign can be changed to R sign your name on.
Trademark Registration provides a statutory protection against almost any infringement because unauthorized entry to the logo. Trademark Objection can be raised should you be prerogative during the owned trademark status objected is violated by a third party. Even if the trademark is not registered, its illegal duplication gives the ability to the owner to consider the infringer to the court of law. Employing a deceptively similar mark as being existing registered trademark, deliberately done to misguide anyone is counted under encroachment. There are two types of remedies available for trademark violation:
An action of Infringement: This move to make is taken when the trademark is registered. It is a 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 had been registered with Government of India under Trademark Act 1999. It needs to be noted that court protects the prior consistent user of the trademark over the registered trademark proprietor great common law principles.
Action of Passing off: This procedure is followed when the trademark is unregistered. Accredited common law remedy. Passing off action allows the trademark owner to change it against the infringer for passing off goods or services all of the name of some other person. Here you go imperative to prove in the courtroom that the infringement for the mark is leading to the damages of goodwill or causing monetary loss on the 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 make use of trademark. Alternately the court can order a monetary compensation with the damage for loss of economic or/ and confiscation /destruction of infringing merchandise.