Trademark infringement refers to the act of unauthorized usage of any registered trademark by a third party, causing loss to the original owner of a trademark. The trademark registration process in India was being conducted offline up till 2015. Since then, there are two modes – offline and online logo registration in India. Ever since online filing entered the scenario, there has been a huge impact on the infringement of trademarks. Hence, today online logo registration in India is becoming one of the most important aspects of any trade.
What is online logo registration?
Online logo registration refers to the trademark registration process, which protects the unique and distinctive brand identity of any business. Trademark registration is applicable not only for the logos used in business but also for the brand names, names, packaging materials, shapes, sounds, etc. All unique and distinctive identification points of your brand are eligible for trademark registration.
Trademark Infringement
The act of copying someone else’s registered trademark, to piggyback on their name and reputation is known as trademark infringement. With the advent of digital technologies, the infringement on trademarks has become quite numerous. The online logo registration process has helped a lot in curbing the number of infringement cases due to its following benefits:
Before the introduction of the online logo registration facilities by way of e-filing of trademarks. 5 trademark registries governed applications from all over India, concerning territorial jurisdictions.
No territorial Limit
The jurisdiction of the 5 registries were:
- Ahmedabad – The states of Rajasthan and Gujarat, union territories of Daman, Diu, Dadra, and Nagar Haveli;
- Mumbai – The states of Maharashtra, Chhattisgarh, and Madhya Pradesh, union territory of Goa;
- Delhi – The states of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi, and Union Territories of Chandigarh;
- Kolkata – The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand, and Union Territories of Nagaland, Andaman & Nicobar Islands.
- Chennai – The states of Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Karnataka, and Union Territories of Pondicherry and Lakshadweep Island.
The people outside these cities had to travel to the places or submit their applications through couriers. The online process of TM registration eradicates this need, as you have to submit all relevant documents along with form TM-A in PDF format, on the e-filing portal.
Effect on the estimated timeline
Since all the documents are supposed to be submitted online, the time for sending documents through post, or visiting the registry is eliminated. Further, when the online logo registration process is going on, all updates from the registry regarding the next stages, or any action that needs to be taken, are communicated to the applicant/agent using emails and the e-register of trademarks. Hence, making it easier for the general public to access the steps, and hence, protecting their trademark applications on time.
Increase in the number of applications filed
As stated above, the e-filing portal for trademarks is available to all. Further, applicants can file their trademark applications using a class 3 Digital Signature Certificate (DSC). This motivates the general public to file their trademark applications. It also helps in spreading awareness for trademark registration.
Decrease in the cost due to online logo registration
The government fees for both modes, ie., offline and online logo registration are the same. However, when the online filing was not available, people had to spend extra amounts to courier the documents, reply to examination reports, or even during the opposition and rectification proceedings. When you submit all the documents online. it eliminates the entire extra cost of printing and sending documents. The online filing process is hence also more eco-friendly.
Increase in awareness
As a result of the online logo registration process, many trademark agents and other stakeholders have started promoting their Trademark filing-related services. These stakeholders also make active efforts to promote the need for trademarks and other intellectual properties. These active efforts result in people wanting to protect their brand names from infringement and hence, filing for online logo registrations.
Effects on Trademark Infringement
Any party aggrieved by trademark infringement has the following options of legal remedies:
- Temporary Injunctions;
- Permanent Injunctions;
- Claim damages;
- Destruction of the infringing copies; and
- Imprisonment in some cases.
When your logo or trademark is a registered mark, it becomes a lot easier for you to get the advantage of these remedies in case of an infringement. For example, recently the Hon’ble court in an infringement matter for SanDisk gave them a huge amount as damages for infringement of their trademark.
Conclusion
Through this article, we can see why trademark registration is so important. Now that the government of India is making the process so simple by allowing individuals to do online logo registration, it has made a huge impact on brand awareness, and brand protection. This step was a much-needed one, especially considering the competitiveness in this developing economy. Today building and retaining a unique brand identity in the market is becoming more difficult than ever. Get online logo registration today and start protecting your brand from trademark infringement by following a few easy steps!
