A trademark serves as a unique identity which imparts a personality to a product or service. It can vary from a slogan, logo, graphic, color combination, sound, smell, taste or an individual’s name.
After the few steps of application, the applied trademark ought to be approved from the trademark offices in United states of america. Usually a product can start using TM mark after initial approval could be given in upto 72 hours. TM sign shows that the application for trademark registration for that particular product/ brand trademark registration is under comparison. Entire registration process takes upto a couple of years for achievement. Subsequently a TM Objection Reply Online Filing India sign can be changed to R sign.
Trademark Registration provides a statutory protection against almost any infringement due to unauthorized make use of the trademark. Trademark Objection can be raised but if the prerogative the particular owned trademark is violated by an unauthorised. Even if the trademark is not registered, its illegal duplication gives the authority to the owner to consider the infringer to the court of law. Any deceptively similar mark when compared to the existing registered trademark, deliberately done to misguide the average person is counted under violation. There are two types of remedies accessible trademark violation:
An action of Infringement: This course of action is taken when the trademark is registered. It is 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 through Government of India under Trademark Act 1999. It needs to be noted that court protects the earlier consistent user of the trademark over-the-counter registered trademark proprietor while using 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 take action against the infringer for passing off goods or services all of the name of another person. Here it is imperative to prove in the court that the infringement of the mark is leading to your damages of goodwill or causing monetary loss for the plaintiff. Action of passing off is unaffected by registration or unregistration for this 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 usage of trademark. Alternately the court can order a monetary compensation opposed to the damage for loss of business or/ and confiscation /destruction of infringing merchandise.