A trademark serves as the unique identity which imparts a personality to a service or product. 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 by the 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 the particular product/ brand Online Trademark status search India registration is under comparison. Entire registration process takes upto the couple of years for completion. Subsequently a TM sign can be changed to R indicate.
Trademark Registration provides a statutory protection against particular fields such as infringement caused by unauthorized usage of the hallmark. Trademark Objection can be raised if a prerogative over the 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 take the infringer to the court of law. Utilizing a deceptively similar mark when compared to the existing registered trademark, deliberately done to misguide the average person is counted under encroachment. There are two types of remedies accessible trademark violation:
An action of Infringement: This intervention is taken when the trademark is registered. It’s actually a statuary action wherein the plaintiff has to prove that the infringing mark is a deceptive imitation of the trademark. No further proof is required as the registration of trademark had been registered with Government of India under Trademark Act 1999. It needs to be noted that court protects the prior 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 your past name of some other person. Here it is imperative to prove in the courtroom that the infringement of the mark is leading towards the damages of goodwill or causing monetary loss towards the plaintiff. Action of passing off is unaffected by registration or unregistration for the trademark.
Remedies for infringement action and action of passing off:
Remedy for doing things 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 around the damage for loss of business or/ and confiscation /destruction of infringing merchandise.