Vanshika Jaiswal
Trademarks are a part of intellectual property rights. Intellectual property rights permit people to maintain ownership rights of their innovative product and creative activity performed by an individual. There are varieties of trademarks: copyright act, patent act and design acts. Trademarks include a name, word, sign that differentiate goods of one enterprise to another enterprise. Due to this the marketing of products becomes easier because the recognition of the product with the trademark is assured and easier. The owner has right to prevent the other to use his sign or mark by another enterprise.
Before 1940 there was no law on trademarks due to which the people face a number of problems related to an infringement of registered and unregistered trademarks. To overcome these difficulties the Indian trademark law was enforced in 1940. After the enforcement of the trademark law demand for protection of trademarks increased due to major growth of trade and commerce. Then the trademark law was replaced with the trademark and merchandise act, 1958 it provided better protection of trademarks and prevented or misuse or fraudulent use of merchandise. The act also provides registration of trademark so that the owner of trademark may get a legal rights for its exclusive use.
The owner of the business has to protect their trademark from fraud. Then the trademark act, 1999 came in force to grant the protection to the owners of trademark and to provide legal remedies for the implementation of trademark rights. The trademark act, 1999 gives the power to police to arrest in cases of infringement of the trademark law. In trademark act it is given about the penalties and punishment for infringement of trademark rights. Under this act the duration of registration of trademark has increased and also the registration of non trademark.
The types of trademark are:
1.Service mark: This mark is a symbol name, sign, device or word which is intentionally used in trade to recognize and differentiate the services of one provider from others.
2.Collective mark: Collective mark is used by employees and a collective group or by members of an association or organization to identify the source of goods and services.
3.Certification mark: A certificate mark is verification or confirmation of matters by providing assurance that some act has been done or some judicial formality has been compiled with. A certification mark indicates certain qualities of goods or services with which the mark are used is certified.
4.Trade dress: It is a term that refers to features of the visual appearance of a product or design of building or its packaging that denote source of the product to the customers.
Designation of trademark,(TM) it is used for an unregistered to promote or brand goods. (R) it is used as a registered trademark.
The usage of the trademark by unauthorized means or illegal means by producing it in trading is known as trading piracy. If there is an infringement of a trademark, the owner of the registered trademark can take an action against the unregistered trademark. Trademark gives protection to the owner by assuring them with the exclusive rights to use a trademark, to identify the goods or services or permit others to use it in results of payment. Section 28 the rights conferred by registration of trademark such as the registered owner can claim maintenance in respect of infringement of the trademark.
Any person claiming to be the owner of the trademark or supposed to use the trademark by him in future for this the person has to apply for the registration by applying it in writing to the registrar in a prescribed manner. The application must contain the name of the goods, mark and services, class of goods and services in which it falls, name and application for an applicant and duration of use of the mark.
The greatest benefits to having a registered trademark is to protect one’s brand as well as business from fraud. And if there is a strong brand name then it acts as a direct link between the customers. A trademark registration gives credibility to the source of goods and services. A registered trademark guarantees quality goods and service, this will also assist in the advertisement of goods as well as services. A trademark provides exclusive identity, a never ending a trademark, works as a shield, economical and it is also like an asset which directly brings home goodwill.
Procedure to register a trademark:
1.To search for a trademark
2.To file the trademark application
3.Examination of the trademark application
4.Post examination
5.Advertisment of the trademark
6.Opposition from the general public if the aggrieved person opposes the trademark.
7.Registration of the trademark.
