Definition Of Trademark with case laws
A trademark acts an separate and unique identification of brand .
People nowadays want to earn money quickly ,without any innovative and new business idea of their own , so , they copy the ideas and innovations of already established companies intending to manipulate the mind of public . Already established companies have goodwill and a already set customer base .
People take advantage of the already established business name and open a business with a slight change in their brand or logo or phrase or name viz. very familiar to the original brand name , slightly different from the original brand name . They depict it to the public as it the original or branch of the brand by providing the same services or goods .
In the case of Starbucks v Sardarbuksh , Starbucks corporation originated in USA , it has a world wide demand and chain. It renders coffee drinking services and goods. Sardarbuksh , the respondent was accused of copying the brand. It was established in Delhi in the year 2015 and provided coffee service and goods along with 5 outlets.
Here , Sardarbuksh co. was accused of copying the logo of Starbucks , in a way that Starbucks logo consists of green color with mermaid with long strands of hair , while Sardarbuksh had a similar kind of logo which was green in color and had a man with turban on his head along with hair strands.
So, In this case we can clearly observe Sardarbuksh tried to manipulate the market of mind of public by coming up with a very similar sounding name and logo rendering the exact same service and goods of coffee.
A registered logo , name , phrases which represents a brand , it is usually found on the goods of the brand .
So , Trademark gives a separate identity to the business , it even protects the innovative ideas and brand name created and owned by the owners of company to give their company a name as well as symbol which indicates their services and goods. It also helps the customer to differentiate it with the other companies and recognize the brand name. A trademark indicates a lot about the brand , its services and nature.
Example of a trademark includes the logo of blackberry , the phrase “do it” for Nike brand. It also plays an important role in case of reference of a good or place of service. For example – Isha wearing clothes of Zara , which is of great quality can recommend it to other by telling the name of the brand or logo. Due to its distinctive name the customer wont have to wander to find the same ,but can go according to the reference and brand.
A trademark should be registered in order to retain the benefits and rights of registration. First and fore most a suit for infringement can be filed if the trademark is registered.
Registration of trademark can be denied of certain backgrounds
1- Absolute grounds for refusal of registration (Section – 9)
2-Relative ground for refusal of registration (Section -11)