A trademark serves for a unique identity which imparts a personality to services or products. It can vary from a slogan, logo, graphic, color combination, sound, smell, taste or an individual’s name.
After the few steps of application, the applied trademark needs to be approved with the trademark offices in Of india. Usually a product can start using TM mark after initial approval can be given in upto 72 hrs. TM sign shows that the application for trademark registration for the particular product/ brand trademark registration is under professional review. 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 almost any infringement caused by unauthorized make use of the trademark. Trademark Objection can be raised if a prerogative this owned trademark is violated by a 3rd party. Even if the trademark is not registered, its illegal duplication gives the legal right to the owner to take the infringer towards court of law. Employing a deceptively similar mark when compared to the existing registered trademark, deliberately done to misguide the average person is counted under violation. There are two types of remedies obtainable for 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 must prove how the infringing mark is a deceptive imitation of the trademark. No further proof is required as the registration of trademark has 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 the actual years registered trademark proprietor great 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 your past name of another person. Here you go imperative to prove problem that the infringement for this 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, federal. can grant relief of permanent or temporary injunction, banning the infringer to stop the entry to Trademark Objection Reply Filing online. Alternately the court can order a monetary compensation opposed to the damage for loss of economic or/ and confiscation /destruction of infringing merchandise.