Securing a Trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business with many benefits as Unique Identity, Creation of Goodwill, Popularizing your brand, Global Recognition, etc. It is always advisable to make a trademark application at the earliest.
When a registered trademark is used by a person who is not entitled to use such a trademark under the law, it constitutes infringement. A registered trademark is infringed, if the mark is identical and is used in respect of similar goods or services; or the mark is deceptively similar to the registered trademark and there is an identity or similarity of the goods or services covered by the trademark; or the trademark is identical and is used in relation to identical goods or services; and that such use is likely to cause confusion on the part of the public or is likely to be taken to have an association with the registered trademark.
An infringement action is available to the registered proprietor or registered user to enforce his exclusive right over the trade mark in relation to the goods in respect of which it is registered.
A suit can be initiated either under the law of passing off or for infringement under the Trade Marks Act, 1999 depending on whether the trademark is unregistered, pending registration or registered respectively. Most Indian Courts will grant ex-parte interim injunctions. An ex-parte interim injunction is a temporary injunction granted without any notice to the infringer restraining him from using the infringing mark during the pendency of the trial. This injunction is normally granted at the early stages of the trial and many times on the first date of hearing itself, provided that the rights holder is able to establish its rights before the Court and prove the gravity of the offense, merits immediate consideration
The Trade Marks Act, 1999 provides for remedies for infringement under the criminal laws too. The police have the power to suomoto conduct raids and seizure operations. However, the use of such powers by the police is minimal.
We at ebizfiling.com can help you file the Trademark Registration Application with Trademark Ministry at a nominal cost starting with Rs. 5,899/- and can draft and file the reply to examination report/refusal raised by Trademark Ministry under Section 9 or 11 at a nominal cost starting with 1,999/- with the support of our professional team.
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