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.
What can be registered as a trademark?
Who can all apply for a Trademark?
A trademark application can be made by:
1 Private firms
3 Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
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
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.
Trademark® and Copyright Registration Online | Quick & Easy Online Process
No need to visit the Trademark Register Office. Easy & quick process of online TM application by sitting at your own place.
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