Trademarks are
world over known to constitute words, names, letter, numeral, graphical
representations in the form of shape/ configuration of goods, labels, logos,
packaging, combination of colors, etc. with respect to goods or services, that
are capable of distinguishing the goods or services of one person from those of
another. Unregistered trademark rights accrue from common law creating a
passing off right of action that must be established through priority date of
first use along with continuous use over a period of time.
Although
trademark registration is not compulsory in India, a major advantage of
registration is that it confers a statutory monopoly and constitutes prima
facie proof or evidence in the eyes of law towards the creation of an exclusive
right in favor of the owner of the trademark. Infringement action under The
(Indian) Trademarks Act, 1999, can be pursued only for a registered trademark.
The Trade Marks
(Amendment) Act, 2010 passed on 21.09.2010, the Madrid Protocol into force in
India, once it is notified. This will enable applicants to make a single
international application for trademark registration across numerous countries
granting widespread trademark protection rights.
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