What is Trademark law In India? Benefits of Registration of Trademark in India
Trademark is a branch of intellectual property rights. A trademark includes a name, word, or sign that differentiates goods from the goods of other enterprises.
What is a Trademark?
Trademark is a branch of intellectual property rights. A trademark includes a name, word, or sign that differentiates goods from the goods of other enterprises.
Before 1940 there was no law on trademarks in India.
Designation of trademark
Trademark is designated by:
- ™ (™ is used for an unregistered trademark. It is used to promote or brand goods).
- ℠ ( used for an unregistered service mark. It is used to promote or brand services).
- R (letter R is surrounded by a circle and used for registered trademark).
Benefits of Registered Trademark
1 Trademark identifies the owner of the product.
2 If there is an infringement of trademark, the owner of the registered trademark can take legal action
3 No one can use it without your permission
4 Creation of assets.
5 Helps you to build trust and goodwill
6 You can sell your trademark
Absolute grounds for refusal of registration
1. It frauds the public or causes confusion.
2. There is any matter to hurt religious susceptibility.
3. There is an obscene or scandalous matter.
4. Its use is prohibited.
5 It includes a prohibited word such as India or a city name or a celebrity name
Infringement of trademark
After infringement, the owner of the trademark can go for civil legal proceedings against a party who infringes the registered trademark.
Famous cases on trademark
Yahoo!, Inc. v. Akash Arora & Anr
The Delhi High Court, for the first time ever in India, held that a domain name serves the same function as a trademark and is entitled to equal protection.
Milmet Oftho Industries & Ors. V. Allergan Inc.
The court restrained an Indian company from using the mark OCUFLOX.
No action for an unregistered trademark
This is defined under Section 27 of Act that no infringement will lie with respect to an unregistered trademark. Infringement of a trademark is a cognizable offense and criminal proceedings can be initiated against the infringers.
Offenses and Penalties
In case of a criminal action for infringement or passing off, the offense is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and fine which shall not be less than INR 50,000 but may extend to INR 200,000.
Time of Trademark
Trademark is granted for an unlimited time. Just the holder of the trademark has to pay fees in every 10 years.
Watch this video for a better understanding of Trademark Law in India.
