A trademark serves to be a unique identity which imparts a personality to a service or product. It can through a slogan, logo, graphic, color combination, sound, smell, taste and also an individual’s name.
After the few basic 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 can be given in upto 3 days. TM sign shows that software for trademark registration for the particular product/ brand trademark registration is under investigation. Entire registration process takes upto couple of years for finalization. Subsequently a TM sign can be changed to R indicate.
Trademark Registration provides a statutory protection against each and every infringement due to unauthorized utilization of the trademark. Trademark Objection can be raised any time a prerogative over the owned trademark status objected is violated by a 3rd party. Even if the trademark is not registered, its illegal duplication gives the authority to the owner to take the infringer towards court of law. Any deceptively similar mark as the existing registered trademark, deliberately done to misguide the general public 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 that the infringing mark is a deceptive imitation of the trademark. No further proof is required as the registration of trademark has been registered from the Government of India under Trademark Act 1999. It must have to be noted that court protects the prior 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. 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 some other person. Here it is imperative to prove in the court that the infringement among the mark is leading towards 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 entry to trademark. Alternately the court can order a monetary compensation against the damage for loss of business or/ and confiscation /destruction of infringing merchandise.