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 or an individual’s name.
After the few simple measures of application, the applied trademark is to be approved from the trademark offices in Indian. Usually a product can start using TM mark after initial approval which is given in upto 72 hrs. TM sign shows that use for trademark registration for that particular product/ brand Trademark Objection Reply Filing online registration is under comparison. Entire registration process takes upto the couple of years for completion. Subsequently a TM sign can be changed to R form.
Trademark Registration provides a statutory protection against almost any infringement like a unauthorized usage of the logo. Trademark Objection can be raised any time a prerogative during the owned trademark is violated by an unauthorised. Even if the trademark is not registered, its illegal duplication gives the right to the owner to go ahead and take infringer towards the court of law. Employing a deceptively similar mark when compared to the existing registered trademark, deliberately done to misguide everyone is counted under infringement. There are two types of remedies accessible trademark violation:
An action of Infringement: This thing to do is taken when the trademark is registered. It’s 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 has been registered the particular Government of India under Trademark Act 1999. It must have 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. That’s a common law remedy. Passing off action allows the trademark owner to change it against the infringer for passing off goods or services the particular name of one other person. Here you go imperative to prove problem that the infringement from the mark is leading to your damages of goodwill or causing monetary loss to the plaintiff. Action of passing off is unaffected by registration or unregistration in the trademark.
Remedies for infringement action and action of passing off:
Remedy for doing things of infringement or passing off, govt. can grant relief of permanent or temporary injunction, banning the infringer to stop the usage of trademark. Alternately the court can order a monetary compensation opposed to the damage for loss of business or/ and confiscation /destruction of infringing merchandise.