The right way to Raise a Trademark Objection
A trademark serves for a unique identity which imparts a personality to services or products. It can vary from a slogan, logo, graphic, color combination, sound, smell, taste or even an individual’s name.
After the few steps of application, the applied trademark should be approved by the trademark offices in India. Usually a product can start using TM mark after initial approval can be given in upto 3 days. TM sign shows that use for trademark registration for the particular product/ brand trademark registration is under investigation. Entire registration process takes upto a couple of years for finalization. Subsequently a TM sign can be changed to R indicate.
Trademark Registration provides a statutory protection against almost any infringement since unauthorized utilization of the hallmark. Trademark Objection can be raised should you be prerogative the particular owned trademark is violated by an unauthorised. Even if the trademark is not registered, its illegal duplication gives the right to the owner to consider the infringer towards court of law. Any deceptively similar mark as the existing registered trademark, deliberately done to misguide the general public is counted under infraction. There are two types of remedies readily trademark violation:
An action of Infringement: This intervention is taken when the trademark is registered. It’s actually 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 already been registered by the Government of India under Trademark Act 1999. It must have to be noted that court protects the last consistent user of the trademark the actual years registered trademark proprietor great 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 objection reply filing online owner to take action against the infringer for passing off goods or services in the name of some other 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 on 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, government. 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 against the damage for loss of economic or/ and confiscation /destruction of infringing merchandise.
