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 or an individual’s name.
After the few simple measures of application, the applied trademark is to be approved from the trademark offices in India. Usually a product can start using TM mark after initial approval which usually given in upto 3 days. TM sign shows that software for trademark registration for the particular product/ brand trademark registration is under summary. Entire registration process takes upto a couple of years for achievement. Subsequently a TM sign can be changed to R sign.
Trademark Registration provides a statutory protection against any type of infringement due to unauthorized utilization of the brand. Trademark Objection can be raised if a prerogative this owned trademark is violated by an authorized. Even if the trademark is not registered, its illegal duplication gives the ability to the owner to take the infringer to the court of law. Using a deceptively similar mark as the existing registered trademark, deliberately done to misguide anyone is counted under violation. There are two types of remedies obtainable for trademark violation:
An action of Infringement: This course of action is taken when the trademark is registered. It is a statuary action wherein the plaintiff needs to prove that the infringing mark is a deceptive imitation of the trademark. No further proof is required as the registration of trademark has already been registered through Government of India under Trademark Act 1999. It must have to be noted that court protects the prior consistent user of the trademark the particular registered trademark proprietor while using 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 objection online reply filing India 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 from the mark is leading on 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 for action 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 business or/ and confiscation /destruction of infringing merchandise.