How to Raise a Trademark Objection
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 steps of application, the applied trademark needs to be approved via the trademark offices in India. Usually a product can start using TM Objection Reply Online Filing India mark after initial approval could be given in upto 3 days. TM sign shows that the application for trademark registration for the particular product/ brand trademark registration is under professional review. 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 usage of the signature. Trademark Objection can be raised if your prerogative over the 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. The deceptively similar mark with regards to existing registered trademark, deliberately done to misguide everyone is counted under violation. There are two types of remedies readily trademark violation:
An action of Infringement: This solution is taken when the trademark is registered. May statuary action wherein the plaintiff needs to prove how the infringing mark is a deceptive imitation of the trademark. No further proof is required as the registration of trademark has already been registered through Government of India under Trademark Act 1999. Ought to be noted that court protects the first sort consistent user of the trademark the actual years registered trademark proprietor based 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 as name of one other person. Here it is imperative to prove in the courtroom that the infringement for the mark is leading to the damages of goodwill or causing monetary loss towards 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 entry to trademark. Alternately the court can order a monetary compensation with the damage for loss of economic or/ and confiscation /destruction of infringing merchandise.
