The Trademarks Act in India: Protecting Your Brand Identity

21st May, 2024 - 9:37 am Categories: Trademark 0 Comments

With the current situation in the world of business where companies are miserably fighting to succeed, an outstanding and recognizable brand is quite important. You brand name and logo serve you as not only to distinguish yourself from your competitors but also to create your website and other promotional tools. In India the Trade Marks Act of 1999 is the law that governs prioritization if the brand and also helps in preventing others from infringing upon the intellectual property right.

Per the Trademarks Act, a trademark means “a mark that is capable of representing situated graphically, as well as be capable of a person’s products or services from the ones of others”. This may be words, logos, symbols, shapes, or even smells, so long as they are capable of demonstrating the distinctiveness.

Importance of Trademark Registration

1. Legal Presumption of Ownership: After you get your trademark registered, you are entitled to a legal presumption over the mark across India. This can be very productive in instances of infringement allegations.

2. Exclusive Rights: The trademark owner secures an exclusive right to use the trademark in connection with the particular goods/services mentioned in the registration.

3. Deterrent to Infringers: A registered trademark being a hindrance to potential infringers, these readily confront the legal action if they seek to use a similar mark.

4. Licensing and Assignment: An awarded license or assignment of the trademark to third parties can provide extra money for your company.

Relevant Case Laws

An important medium through which the Indian courts have been exercising their influence on the formation of the interpretation and practice of the Trademarks Act is via the effects played by the insistence of such a law. Here are some significant case laws that have influenced the trademark landscape in India:Here are some significant case laws that have influenced the trademark landscape in India:

1. Cadbury India Ltd. v. Neeraj Food Products (2007): In issuing the order, the Delhi High Court underscored the relevance of a “well-known mark” not being “diluted. ” In the case of Cadbury the court ruled in favor of the company and restrained Neeraj Food Products from deploying the performance mark ‘purple’ coloring and the same comics characters on their packaging, which could mislead the customers.

2. Whirlpool Corporation vs. With R v. Oolutein (2021) the age-long trans-border reputation principle in trademark law was for the first time recognized.(2021) The Supreme Court held in this regard that Whirlpool Corporation, a US firm, had earned a trans-border fame in India thereby entitling it to prevent South- India company from using its trademark even though it was not registered in India.

3. Marico Limited v. Agro Tech Foods Limited (2010): Legal decision of Bombay High Court involves terms of “visual imitation” and “audible similarity” that are used for the trademark infringement proceedings. According to the court, Agro Tech Foods adoption of the mark “Sundrop” resembled too much to Marico’s registered “Saffola” trademark, which resulted in the usage of the trademark being infringement.

4. Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. (2018): The case that lies the center of the idea of “well-known” trademark. In context, the court found out that Toyota was a famous trademark and so ordered Prius Auto Industries not to use the “PRIUS” mark on their products.

Trademark Infringement and Remedies

The Trademarks Act gives the trademark holders varied measures to deal with the unlawful trademark usage.This includes:

1. Civil Remedies: The trademark owners may be brought to file for protection of infringement through a civil judge which may grant injunction, damages, and an account of the infringer’s earnings. undefined

“The relief which a court may grant in all suits for infringement or for passing off referred to in section 134 comprises injunction (subject to such terms that the court may consider reasonable) and, at the option of the plaintiff, either damages or an account of profits, in the case of the former individually or together with the order of delivery-up of the infringing labels and other material for deception

2.Criminal Remedies: For the offenses such as flagrant counterfeiting or intentional infringement, criminal cases can be filed equaling to penalties and imprisonment if the court decide so. undefined “(a) Whoever is not registered but falsely purports to register his trademark, or representative or agent falsely associates himself with the registered owner, or (b) the mark is used on any material or product which is false or else its description is so, shall be liable to imprisonment not less than six months and up to three years or fine not less than fifty thousand rupees and not more than two lakh

3. Administrative Remedies: Trademarks Registry office is empowered to revise or erase the marks that belong to unlawful mark owners, granting trademark owners this administrative remedy.

Conclusion

India have a strong legal institution that for Indian Intellectual Property companies can be regarded as a resource. By registering your trademark and remaining watchful against infringement, you can protect one of your most precious assets: for your brand. The following factors made clear how trademarks aided companies with branding and also the courts which was able to bring stability to the area through the enactment of appropriate law and order. With growth of business you are definitely considering filing trademark because your brand name is to be both unique as well as legally protected.

Author: PARTH GAWDE, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.