A trademark serves for a unique identity which imparts a personality to services or products. It can coming from a slogan, logo, graphic, color combination, sound, smell, taste and also an individual’s name.
After the few simple measures of application, the applied trademark objected status Online India needs to be approved by the trademark offices in India. Usually a product can start using TM mark after initial approval will be given in upto 3 days. TM sign shows that the application for trademark registration for that particular product/ brand trademark registration is under summary. Entire registration process takes upto 24 months for achievement. Subsequently a TM sign can be changed to R form.
Trademark Registration provides a statutory protection against any type of infringement like a unauthorized make use of the trademark. Trademark Objection can be raised but if the prerogative over-the-counter owned trademark is violated by an unauthorised. Even if the trademark is not registered, its illegal duplication gives the authority to the owner to go ahead and take infringer to the court of law. Any deceptively similar mark becoming existing registered trademark, deliberately done to misguide the population is counted under infringement. There are two types of remedies available for trademark violation:
An action of Infringement: This thing to do is taken when the trademark is registered. It is a statuary action wherein the plaintiff provides 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 through Government of India under Trademark Act 1999. It must have to be noted that court protects the prior consistent user of the trademark the particular registered trademark proprietor based on the common law principles.
Action of Passing off: This procedure is followed when the trademark is unregistered. This is the common law remedy. Passing off action allows the trademark owner to change it against the infringer for passing off goods or services as name of another person. Here you go imperative to prove problem that the infringement from the mark is leading towards the damages of goodwill or causing monetary loss to 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 for action of infringement or passing off, government. can grant relief of permanent or temporary injunction, banning the infringer to stop the having access to trademark. Alternately the court can order a monetary compensation contrary to the damage for loss of business or/ and confiscation /destruction of infringing merchandise.