A trademark serves as 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 actually an individual’s name.
After the few steps of application, the applied trademark is to be approved by the trademark offices in India. Usually a product can start using TM mark after initial approval which usually given in upto three 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 finish. Subsequently a TM sign can be changed to R indicate.
Trademark Registration provides a statutory protection against each and every infringement like a unauthorized usage of the signature. Trademark Objection can be raised but if the prerogative over the owned trademark is violated by a 3rd party. Even if the trademark is not registered, its illegal duplication gives the ability to the owner to take the infringer towards court of law. Using a deceptively similar mark as the existing registered trademark, deliberately done to misguide the average person 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. May statuary action wherein the plaintiff in order to be prove that the infringing mark is a deceptive imitation of the Trademark Reply Filing Online India. No further proof is required as the registration of trademark has already been registered from the Government of India under Trademark Act 1999. It needs to be noted that court protects the last consistent user of the trademark over the registered trademark proprietor based 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 would certainly against the infringer for passing off goods or services as name of some other person. Here it is imperative to prove in the court that the infringement for the mark is leading to your damages of goodwill or causing monetary loss towards plaintiff. Action of passing off is unaffected by registration or unregistration of this trademark.
Remedies for infringement action and action of passing off:
Remedy in working order 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.