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 and also an individual’s name.
After the few steps of application, the applied trademark should be approved from the trademark offices in Indian. Usually a product can start using TM mark after initial approval will be given in upto 72 hours. TM sign shows that software for trademark registration for that particular product/ brand trademark registration is under professional review. Entire registration process takes upto 24 months for completion. Subsequently a TM sign can be changed to R indicate.
Trademark Registration provides a statutory protection against any good infringement since unauthorized usage of the trademark. Trademark Objection can be raised should you be prerogative over the owned trademark is violated by an unauthorised. Even if the trademark is not registered, its illegal duplication gives the authority to the owner to take the infringer towards court of law. Utilizing a deceptively similar mark as being existing registered trademark, deliberately done to misguide everyone is counted under encroachment. 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. May statuary action wherein the plaintiff in order to be 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 Online Trademark status search India Act 1999. It must be noted that court protects the first sort consistent user of the trademark the actual years registered trademark proprietor dependent on the 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 as name of some other person. Here it is imperative to prove problem that the infringement from the mark is leading towards the damages of goodwill or causing monetary loss towards 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 to use it of infringement or passing off, federal. 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 opposed to the damage for loss of economic or/ and confiscation /destruction of infringing merchandise.