A trademark serves as the unique identity which imparts a personality to services or products. It can vary from a slogan, logo, graphic, color combination, sound, smell, taste or an individual's name.
After the few basic steps of application, the applied trademark is to be approved with the trademark offices in Of india. Usually a product can start using TM mark after initial approval will be given in upto 3 days. TM sign shows that use for trademark registration for that particular product/ brand trademark registration is under investigation. Entire registration process takes upto 24 months for finalization. Subsequently a TM sign can be changed to R indicate.
Trademark Registration provides a statutory protection against any type of infringement because unauthorized utilization of the brand. Trademark Objection can be raised but if the prerogative this 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. Using a deceptively similar mark as being existing registered trademark, deliberately done to misguide anyone is counted under encroachment. 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 provides prove how the infringing mark is a deceptive imitation of the trademark. No further proof is required as the registration of trademark objection reply filing online is definitely registered by the Government of India under Trademark Act 1999. Ought to be noted that court protects the last consistent user of the trademark over the registered trademark proprietor dependent on the common law principles.
Action of Passing off: This procedure is followed when the trademark is unregistered. It is 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 another person. Here it is imperative to prove in the court that the infringement of the mark is leading for the damages of goodwill or causing monetary loss towards 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 to use it of infringement or passing off, govt. 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 with the damage for loss of business or/ and confiscation /destruction of infringing merchandise.