A trademark serves for a unique identity which imparts a personality to a service or product. 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 is to be approved via trademark offices in Indian. Usually a product can start using TM mark after initial approval which is given in upto 3 days. TM sign shows that use for trademark objection reply filing online registration for that particular product/ brand trademark registration is under review. Entire registration process takes upto 24 months for finalization. Subsequently a TM sign can be changed to R sign your name on.
Trademark Registration provides a statutory protection against each and every infringement because unauthorized application of the brand. Trademark Objection can be raised but if the prerogative during the owned trademark is violated by a third party. Even if the trademark is not registered, its illegal duplication gives the authority to the owner to take the infringer on the court of law. Any deceptively similar mark when compared to the existing registered trademark, deliberately done to misguide everyone is counted under intrusion. There are two types of remedies obtainable for trademark violation:
An action of Infringement: This intervention is taken when the trademark is registered. It’s actually 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 is registered by the Government of India under Trademark Act 1999. It must be noted that court protects the first sort consistent user of the trademark over the 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 owner to change it against the infringer for passing off goods or services in the name of some other person. Here it is imperative to prove in the court that the infringement from the mark is leading on the damages of goodwill or causing monetary loss towards 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 us going for trademark. Alternately the court can order a monetary compensation contrary to the damage for loss of business or/ and confiscation /destruction of infringing merchandise.