A trademark serves for a unique identity which imparts a personality to a product or service. It can range from a slogan, logo, graphic, color combination, sound, smell, taste or an individual’s name.
After the few simple measures of application, the applied trademark really needs to be approved from the trademark offices in India. Usually a product can start using TM mark after initial approval will be given in upto 72 hrs. TM sign shows that the application for trademark registration for that particular product/ brand trademark registration is under comparison. Entire registration process takes upto a couple of years for completion. Subsequently a TM Status Objected India sign can be changed to R sign.
Trademark Registration provides a statutory protection against any type of infringement like a unauthorized application of the trademark. Trademark Objection can be raised if your prerogative this owned trademark is violated by an authorized. Even if the trademark is not registered, its illegal duplication gives the right to the owner to take the infringer into the 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 intrusion. There are two types of remedies accessible 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 in order to be 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 have to be noted that court protects the earlier consistent user of the trademark over-the-counter 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 all of the 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 towards plaintiff. Action of passing off is unaffected by registration or unregistration of the trademark.
Remedies for infringement action and action of passing off:
Remedy doing his thing of infringement or passing off, govt. can grant relief of permanent or temporary injunction, banning the infringer to stop the usage 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.