Skip to main content

Defend Your Trademark

 INTRODUCTION: 

A trademark is said to be infringed when a person, other than the registered proprietor, in the course of trade, in relation to the same good or services for which the mark is registered, user the same mark or a deceptively similar mark which is likely to cause confusion in the mind of the public or is like to cause impression of association of association with the registered trademark. 


The following are the types in which a trademark may be infringed:


DECEPTION OR CONFUSION AS TO GOODS: A person may buy the goods seeing a mark which he thinks belongs to a particular brand but it doesn’t. This is the most common type of confusion or deception.

DECEPTION OR CONFUSION AS TO TRADE ORIGIN: A person, by looking at a particular mark, may think that it is coming from the same source as some other goods bearing a similar mark which he is familiar with. The deception or confusion is with respect to the origin of the trade.

DECEPTION OF CONFUSION AS TO TRADE ORIGIN:Even though a person looking at the mark may not think that is the same as the one with a different brand in his mind, the similarity may make him believe that the two are connected in some way.

 

PASSING OFF OF TRADE MARK

This means that if one has a registered trademark and another sells goods or provides services under the same trademark without the permission of the first, there may be infringement of trademark. The law of passing off concerns unfair competition as in such a situation, the infringer benefits from the reputation of the origin associated with the registered trademark.

Passing off is a common law tort which can be used to enforce unregistered trademark rightswhere the second user an unregistered trademark of the first user and in doing so, misguides the public into thinking that the goods or services are being offered by the first. Passing off essentially occurs where the reputation of one business is misappropriated by the other party carrying on the same business, such that party B misrepresents the reputation and damages the goodwill of party A.


Second business by the infringer leads to:


Misleading the public into thinking that the infringer’s goods are associated with the first one;

Damages to the first one in terms of money and reputation.



WHO CAN SUE FOR INFRINGEMENT?

The following people are eligible to sue in case there is any passing off or infringement:


Proprietor of the trademark;

Legal successor/heirs of the proprietor;

A registered user, only when the registered user has sent a notice to the infringer and consequently failed to take any action;

If it’s a joint proprietorship, any of the proprietors

A foreign proprietor a trademark registered in India, and when infringement occurs in India

The action against passing off lies in instituting a suit which is often combined into a suit for infringement and passing off to claim reliefs.

Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more