This article is written by Simran Kaur Bilkhu, law student of Balaji Law College, Pune University during her internship with LeDroit India. This article is briefing about the trademarks and an important case related to the trademark law.
Introduction
Trademark being the primary factor for any company, whether it is small or considerable business. Trademarks are marks or an impression that creates an image about a company, with eye-catching logos. These logos make it easier for people to identify the brand. The most caught up words for trademark such as hallmark, brand mark, etc. Trademark is a branch or a category of intellectual property, alongside some other categories such as copyrights, patents, etc. one may have confronted word such as brandmark, trademark, etc these words can be used synonymously with trademark. It is possible to view a trademark as a formally registered symbol that identifies a product seller or his company, the supplier. Trademark is a branch or a category of intellectual property, alongside categories such as copyright, patents, etc.
A trademark is pivotal whether it is a small company or a company that is engaged distinctively in various lines of business. A trademark is a mark that creates a distinctive impression for a company that have their own solitary and astounding logos which makes an impression of the company. Just like amul has the amul girl logo, nike has their vague tickmark, and so on. The most common industry where the importance of trademark plays a game is the automobile industry; just as simple as identifying a car by logo.
Trademark Law in India
In India, trademark law was enacted in 1940. Since the rise in the trade and commerce industries, the country saw a tremendous increase in trademark protection after the implementation of trademark law in 1940.
The Trademark and Merchandise Act, which superseded the previous trademark legislation, went into effect in 1958. In comparison to the laws in place prior to the Act’s enactment, this Act proven to be more efficient and effective. The Act ameliorated the trademark protection and encompass a section on registered trademarks, which grants the trademark owner certain rights to the owner of the trademark.
The Trademark Act of 1999 took effect in 1999, superseding the previous version of the Act. The World Trade Organisation suggested that this 1999 Act be implemented in order to comply with the TRIPS (Trade-related aspects of intellectual property rights) duty. The main goal of this act was to shield the trademark users who had registered their trademarks for their products and to give legal recourse in the event that their rights were infringed upon. The Trademark Act of 1999 allows police to be punished in cases of patent infringement. The Act gives a detailed definition of the term ‘infringement,’ which is frequently used. The Trademark Act of 1999 imposes penalties and fines on violators, as well as extending the licence time and registering a non-traditional trademark.
When it comes to trademarks, the phrase “infringement” is frequently used. Infringement of trademark rights is a breach of the rights granted to the registered user or holder of a trademark.
A trademark is claimed to be infringed upon when a non-authorized user uses an identical/similar/deceptively similar symbol to the registered trademark without the consent of the trademark’s licenced proprietor. However, it should be recognised that Indian trademark law protects a former user’s rights against a licenced proprietor and is based on common law principles.
Bajaj Electricals Ltd v. Gourav Bajaj & Anr. Case Analysis
In this case the Advocate for the Plaintiff submits that the papers and proceedings in the presents a notice of application served upon the Defendants which despite service, no one is present on behalf of them. This is an action for infringement of the Plaintiffs’ registered trademarks, copyrights combined with a cause of action for passing off.
The Plaintiff is presently only pressing charges for the time period relief in terms of prayer clauses (a), (b) and (c) of the Interim Application and are not pressing for the remaining reliefs at this stage. The Plaintiff came across the impugned trade mark application in respect of the impugned label, bearing application.
It is stated that the Defendant 1has not fled a reply to the said preliminary examination report till date, that the Defendants are operating two retail electronic and electrical appliances stores under the impugned trade name “APNA BAJAJ STORE” and the other being “BAJAJ EXCELLENT” while operating a website under the impugned domain name. He submitted that the dishonesty of the Defendants is apparent from the fact the Defendants use the expression “Powered By: BAJAJ” upon their impugned label so as to suggest that they are sponsored and / or endorsed by the Plaintiff.
It was further kept before the court that the Plaintiff has been using this trademark for years and has crores of turnovers running by this mark. All the factors support the contention of the Plaintiff that the adoption and use by Defendants of their impugned name and mark is dishonest. I am of the opinion that the use of the impugned trademark / name BAJAJ, impugned label and the impugned website cannot be said to be honest.
In these circumstances, a strong prima facie case for the grant was given, to ethic the court held that the Defendants by themselves, their servants, agents, licensees, franchisees, partners, proprietors and/or otherwise howsoever, be restrained by an order and injunction of this Hon’ble Court from infringing the Plaintiff’s copyright in its said Artistic Labels hereto by reproducing and/or publishing and/or communicating to public and/ or using in manner whatsoever the impugned label any other label which is a reproduction of the Plaintiff’s said Artistic Labels.
Conclusion
With the globalisation of trade, brand names, trade names, trademarks, and other intellectual property have grown in importance, necessitating consistent basic standards of security and effective compliance processes as defined by the TRIPS. In light of this, the previous Indian Trade and Merchandise Marks Act was thoroughly examined and modified in 1958, and the current Trade Marks Act was passed in 1999. The TRIPS Act of 1999, along with subsequent changes, complies with TRIPS requirements and international standards and practises.
Even in the midst of a pandemic like the coronavirus, Indian courts heard a number of fascinating cases involving infringement and other issues. Hence, one can easily infer that with increase in trade and commerce, these intellectual property rights would be the new face of discussion and would certainly bring change in the industry.
