FAQs – Trademark
A Trade Mark is a word, phrase, symbol, device or a combination of words, symbols and devices that identifies and distinguishes the product of one person or one origin from those of others in the market-place.A Service Mark is same as a trade mark that identifies and distinguishes the source of a service rather than the product.
In further description, the term “Trade mark” or “Mark” refers to both “Trade mark” and ” Service mark”.
A trade mark is a visual representation attached to goods for the purpose of indicating their trade origin. Trade Mark is defined as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.
2. Civil means: A proprietor can file a civil suit seeking injunction restraining use of a similar trademark, before a District Court. In a civil suit a person can make prayer for interim injunction from use of similar mark and pray for appointment of Local Commissioner to seize infringing goods, documents or evidence and can pray for damages or an account of profits together with or without an order of delivery-up of the infringing labels and marks for destruction.
3. Customs: The proprietor of a mark may request the Commissioner of Customs to prohibit the importation of goods, if it amounts to infringement of a trademark. The Commissioner shall then call upon the importer to furnish all details regarding such import. The Commissioner is authorized to confiscate goods which the Commissioner finds to be in conflict with the rights of the trademarks owner.