Trademark registration may not be sufficient – Protecting your trademark from infringers
A trademark is a unique identity that displays a personality to a product or service. It can range from logo, logo, drawing, color combination, sound, smell, taste, or even an individual name.
After a few basic application steps, the trademark applied by the trademark offices in India must be approved. The product can usually start using the TM tag after the initial approval is submitted in 3 days. TM mark indicates that the trademark registration request for that product / brand registration is under review. The full registration process takes two years to complete. Later TM mark can be changed to the mark R.
Trademark registration provides legal protection against any kind of violation due to unauthorized use of the trademark. Trademark opposition can appear if your right to a third-party trademark has been violated. Even if the trademark is not registered, the illegal duplication gives the owner the right to transfer the infringer to court. The use of a similar deceptive mark as the current trademark, which is certainly made to mislead the general public is dealt with under the violation. There are two remedies available for trademark infringement:
- Infringement Procedure: This action is taken when registering a trademark. A refinement procedure in which stainiff must prove that the mark of violation is a deceptive presumption of the trademark. No additional evidence is required since trademark registration has already been registered by the Government of India under the Trademark Law of 1999. It should be noted that the Court protects the former trademark user against the registered trademark owner on the basis of common law principles.
- Action Off: This procedure is followed when the trademark is not registered. Is a general law treatment. The action version allows the trademark owner to take action against the infringer for passing goods or services on behalf of another person. It is necessary here to prove that the violation of the mark leads to damage to good intentions or causing a monetary loss to the party. The scrolling procedure is not affected by registering or unregistering the trademark.
Infringement of infringement procedures and procedures of passage:
Treatment of work from infringement or traffic, Government. An exemption from a permanent or temporary injunction may be granted, preventing the infringer from discontinuing the use of the trademark. Alternately, the court may order monetary compensation against damages resulting from loss of business and / or confiscation / destruction of infringing goods.