Registration affords better protection to trademarks
Trademark protection is experience of public policy in the interest of trademark owners and the public at huge as consumers of goods and services. The registration affords may create an mark with protect their brand name. As was highlighted by the Chennai High court in RS Network Ltd (CNN) v ABC Network Limited.
The Trademarks act 1999 which has cancelled the Trade and Merchandise Marks Act 1958, keeps the combination of the civil and criminal law relating to trademarks issued in the precursor enactment. A new government is designed to offer for trademark registration used in relation to services. In addition to goods and accordingly to provides better protection of trademarks in overall.
The law acts to modify the procedure for trademark registration and provide more effective protection against infringement, by widening the scope of strengthening and infringement of the criminal law. Common law rights are definitively realized vide section 27 of the act.
Registration Affords Better Protection
So, rights accepted by use of a trademark is not registered under the act are protected by an action for passing off and or by criminal action against the interloper for a crime under section 103 of the act. Thus, as compared to the common law amend, where the trademark owner has to show proofs of the trademark user to setup his title of the mark, trademark registration provides an easy means of founding title of the mark. Therefore, registration under the act offers better protection to trademarks. The law and process for registration is also easy.
Before the start of a system of statutory registration of trademarks, the only way in which rights in a trademark could be need was by public user of the mark in relation to the goods or service. In needing the aid of the court to protect such an unregistered trademark. The problems of the plaintiff in an action for passing off under common law were to start his title to the mark by specifying proofs to earlier use to show public use by him of his trademark for such time and such way that his goods had become familiar in the market by such mark.
Another problem is that in an action for passing off, the court specifies questions simply inter parties and not against all persons and the trademark owner. So, will have to prove de novo the collections in all action against a new infringing defendant. Normally, the legal proceeding process is entailing time, tedious and high cost.
Trademark registration justifies the ambitious. The benefits of registration of trademark under the act are:
A typical trademark which is suggested to be used may be registered. Registration gives an additional method of acquiring trademarks rights under section 18.
The trademark registered owner has specific right to the use of the trademark in relation to the goods/service discussed by registration under section 28.
Subject to the conditions of the act under section 30 to 36 registered owner is specified to an action for violation as provided in the act. In such prohibition the plaintiff may rely solely on registration and need not implore user.
The idea of compliance in section 29 is widely broad and its application is not limited, but to the prevention of practices which would result in deception or confusion as under common law. The rule gives to the registered trademark owner a right which is not available to an unregistered trademark owner and stops his benefit a form of trading.
In all legal proceedings concerning to a registered trademark, the reason that a person is registered as owner thereof is prima facie proof of validity of the original registration. accords under this section.
Subject to few omissions specified under the section 36, the trademark registration is not to be considered to have become invalid by reason only of any use after the date of registration of any word which the trademark includes or which consists of the description or name of a service.
Huge advertisements by the trademark owner in some cases may result in the mark losing his unique, thus makes the public are recognized and becoming the famous name of the article.
The act creates specific conditions for registration of “Collective Marks” in Chapter 8 under sections 61 to 68.
The need of proving individuality in each case as a move in the validation of the false representation trusted on was one of the evils sought to be remedied by the statue.
An act issues for support of a register trademarks containing all particulars of a registered trademark. It keeps to provide one of the major objects of registration, namely to indicate the public as to what trademarks have been registered.
India is a signatory to the Paris Convention for Protection of Industrial Property and accordingly. The right of preference and privileges are available to Indian applicants for attaching protection and registration of their trademarks in different countries who are signatories to the convention.
Under the stipulations of trademarks amendment act 2010, it is possible for Indian applicants to make international trademark registration and get protection of their trademarks in different countries.
So, registration affords under the act discuss different statutory benefits in addition to common law rights are definitely provided under the section 27. The trademark registered owner may select to combine an action for violation and passing off.
Prevention of the use of fraudulent marks
Registration in the nature of a guarantee security providing the trader with a cheaper and more direct treatment against violators. Cancel the registration, and he has still the right effect at common law to stop the trademark piracy offered and he can verify that such piracy amounts to a fixing upon the public.