A trademark serves as the unique identity which imparts a personality to services or products. It can range from a slogan, logo, graphic, color combination, sound, smell, taste as well as an individual’s name.
After the few simple measures 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 which usually given in upto 72 hrs. TM sign shows that the application for trademark registration for that particular product/ brand trademark registration is under investigation. Entire registration process takes upto a couple of years for finalization. Subsequently a TM sign can be changed to R sign.
Trademark Registration provides a statutory protection against each and every infringement due to unauthorized make use of the brand. Trademark Objection can be raised but if the prerogative the particular owned trademark is violated by a third party. Even if the trademark is not registered, its illegal duplication gives the authority to the owner to take the infringer to the court of law. Using a deceptively similar mark when compared to the existing registered trademark, deliberately done to misguide the general public is counted under infraction. There are two types of remedies obtainable for trademark violation:
An action of Infringement: This move to make is taken when the trademark is registered. Group of statuary action wherein the plaintiff provides prove how the infringing mark is a deceptive imitation of the trademark. No further proof is required as the registration of trademark is registered the particular Government of India under Online Trademark status search India Act 1999. It needs to be noted that court protects the last consistent user of the trademark your registered trademark proprietor based on the common law principles.
Action of Passing off: This procedure is followed when the trademark is unregistered. It is a common law remedy. Passing off action allows the trademark owner to practice it against the infringer for passing off goods or services as name of another person. Here you go imperative to prove problem that the infringement among the mark is leading for the damages of goodwill or causing monetary loss to the plaintiff. Action of passing off is unaffected by registration or unregistration of the trademark.
Remedies for infringement action and action of passing off:
Remedy to use it of infringement or passing off, administration. 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 against the damage for loss of economic or/ and confiscation /destruction of infringing merchandise.