A trademark serves as the unique identity which imparts a personality to a product or service. It can through 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 really needs to be approved via trademark offices in Of india. Usually a product can start using TM mark after initial approval will be given in upto 72 hours. TM sign shows that the application for trademark registration for that particular product/ brand trademark registration is under review. Entire registration process takes upto 2 years for finalization. Subsequently a TM sign can be changed to R form.
Trademark Registration provides a statutory protection against any good infringement due to unauthorized usage of the trademark. Trademark Objection can be raised if a prerogative this owned trademark is violated by a 3rd party. Even if the trademark is not registered, its illegal duplication gives the legal right to the owner to go ahead and take infringer to the court of law. Using a deceptively similar mark with regards to existing registered trademark, deliberately done to misguide everyone is counted under encroachment. There are two types of remedies readily trademark violation:
An action of Infringement: This solution 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 Online Trademark status search India. No further proof is required as the registration of trademark is registered the particular Government of India under Trademark Act 1999. It must be noted that court protects the prior 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 act against the infringer for passing off goods or services the particular name of another person. Here you go imperative to prove problem that the infringement for this mark is leading for the damages of goodwill or causing monetary loss towards plaintiff. Action of passing off is unaffected by registration or unregistration in the trademark.
Remedies for infringement action and action of passing off:
Remedy in working order of infringement or passing off, govt. can grant relief of permanent or temporary injunction, banning the infringer to stop the us going for trademark. Alternately the court can order a monetary compensation contrary to the damage for loss of business or/ and confiscation /destruction of infringing merchandise.