A trademark serves to be a unique identity which imparts a personality to products or services. It can vary from a slogan, logo, graphic, color combination, sound, smell, taste or even an individual’s name.
After the few basic steps of application, the applied trademark is to be approved with the trademark offices in Indian. Usually a product can start using TM Objection Reply Online Filing India mark after initial approval will be given in upto three days. TM sign shows that use for trademark registration for that particular product/ brand trademark registration is under investigation. Entire registration process takes upto couple of years for end. Subsequently a TM sign can be changed to R indicate.
Trademark Registration provides a statutory protection against any type of infringement due to unauthorized utilization of the signature. Trademark Objection can be raised any time a prerogative the particular owned trademark is violated by an unauthorised. Even if the trademark is not registered, its illegal duplication gives the right to the owner to go ahead and take infringer into the court of law. Any deceptively similar mark with regards to existing registered trademark, deliberately done to misguide anyone is counted under encroachment. There are two types of remedies readily trademark violation:
An action of Infringement: This intervention is taken when the trademark is registered. It’s a statuary action wherein the plaintiff in order to be 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 by the Government of India under Trademark Act 1999. It needs to be noted that court protects the prior consistent user of the trademark over-the-counter registered trademark proprietor great 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 in the name of some other person. Here you go imperative to prove in the court that the infringement for the mark is leading to your damages of goodwill or causing monetary loss to the plaintiff. Action of passing off is unaffected by registration or unregistration of this trademark.
Remedies for infringement action and action of passing off:
Remedy for action of infringement or passing off, government. 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 around the damage for loss of economic or/ and confiscation /destruction of infringing merchandise.