The word trademark is referred to a known sign, pattern, print insignia, phrase, word, or symbol which speaks about particular product and lawfully different from all other products of its kind and doesn't resemble. Trademark is identified as a product which belongs to a specific company and recognizes the company's ownership of the brand. A Trademark is considered as a form of intellectual property and which can be or cannot be registered. The trademark act came in the year 1999, under which it states that the act extent to whole of India, Section 1& 2.

What Is The Functions Of Trademark:

• The very first thing a trademark indicates is the origin of the goods, products, or services and the source used for it. This means that the mark is presumed to indicate that any particular good can have only one origin.
• It helps in describing the good quality and authenticity of the product.
• Other than quality, which is related to the goodwill of the product, the trademark helps to create awareness about the brand and serves advertising purposes. It adds value by investing time and resources into bringing a product to the market, marketing it for customers, providing customer support, and backing it up with warranties and guarantees.
• A trademark helps to assure that the effort invested in serving consumers will be rewarded.
• It provides legal protection and guards against fraud and counterfeiting of the brand.
• Lastly, trademarks make a product unique and genuine, serving as the distinguishing factor that falls under distinctiveness. The idea is that a trademark should help distinguish marketed goods and services from those of competitors.

The Process Of Making A Trademark Registration:

It is a critical legal procedure which is created in orderto safeguard the unique brand assets, identity and make an exclusive proprietorship right to their owners. It involves in obtaining the lawful recognition and protect against infringement of copyrights for the trademarks such as logos, names, symbols, or phrases, used in relation to particular goods or services. In India, trademark registration is governed by the Trade Marks Act, 1999, and is under the administration by the Office of the Controller General of Patents, Designs and Trademarks.

The process of trademark registration in India has certain step/stages.

Below is a brief overview of the basic process:

• Trademark Searching: It involves conducting a thorough search to ensure that the proposed trademark is distinctive and not already registered or in use by anyone else in a similar or related class of goods or services. This helps assess potential conflicts and objections during the trademark registration process. To do this, you need to understand and identify the relevant class or classes of goods or services for registering the trademark. The Nice Classification system categorizes goods and services into 45 classes, each representing a unique category.
   
• Filing of the Application: This involves preparing and filing the trademark application with the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) in India. The application should include all the necessary details, such as the name of the applicant, address, trademark representation, and a list of goods or services for which the mark will be used.
   
• Objected / Accepted by the Trademark Examiner: Once the application is filed, the trademark office examines it to evaluate compliance with legal requirements. The office assesses factors such as distinctiveness, similarity to existing trademarks, and adherence to trademark laws and relevant sections. If any violations or discrepancies are found, the applicant must address them and provide suitable responses within 30 days of receiving the objection. If the responses are acceptable, the examiner will proceed to the next stage.
   
• Publication of the Journal: After the application has passed the examination stage, it is published in the Trademarks Journal. This publication allows third parties to raise objections within a specified period of four months. If no opposition is raised, the application proceeds to the final stage.
   
• Opposition Raised: If a party raises an objection or opposition during the publication period, the applicant must file a satisfactory reply and provide corroboration to address the opposing party's concerns. If the opposing party finds the reply inadequate, a show cause hearing may be scheduled to resolve the issue.
   
• Registration of the Trademark: Upon successful completion of the publication period, the trademark registration is granted, and a Certificate of Registration is issued. The registration is valid for 10 years from the date of application and can be renewed for an unlimited period by paying the trademark renewal fees at structured intervals.

The Benefits Of Registration Of Trademark In India:

• Provides Legal Protection: Registering a trademark in India provides legal protection against their unauthorized use, thereby preventing others from imitating or infringing upon them without the permission of the owner. It gives the owner the exclusive right to use the trademark in connection with the goods or services for which it is registered.
   
• Brand Identity and Recognition: Trademarks help establish a unique brand identity and make your goods or services easily recognizable to consumers. Registering your trademark in India ensures that you can build a distinctive brand presence and protect it from being exploited by competitors.
   
• Market Advantage and Business Growth: Trademark registration provides a competitive edge to your business in the market by differentiating your products or services from others. It helps build trust and loyalty among consumers, leading to increased sales, customer retention, and business growth.
   
• Legal Recourse and Enforcement: With a registered trademark, you have stronger legal grounds to enforce your rights and take legal action against infringers in India. It allows you to seek remedies, such as damages and injunctions, to protect your brand's reputation and market share.
   
• Licensing and Expansion Opportunities: Trademark registration opens doors to licensing and franchising opportunities. It allows you to grant licenses to third parties to use your trademark, generating an additional revenue stream and expanding your business presence in India.

How To Avoid The Trademark Cases In India?

• You should conduct a thorough trademark search.
• Need to choose a distinctive mark.
• Have to understand trademark classification.
• Got to consult a trademark attorney.
• Apply to register your trademark.
• Get monitored the trademark use.
• Enforcement of your trademark right.

Consequences And Penalties:

Civil Consequences:

• Injunction: The aggrieved party might seek a court order to restrain the infringer from using the deceptive mark, effectively stopping them from doing business under it.
• Damages: The honourable court can order the infringer to compensate the trademark owner for the financial losses incurred due to the infringement. This can include lost profits, damage to brand reputation, and legal expenses.
• Accounts of Profits: The court may order the infringer to surrender all profits earned through the use of the infringing mark.
• Criminal Consequences:
  • Imprisonment: The Indian Trade Marks Act of 1999 prescribes imprisonment of up to 3 years for intentionally using a deceptively similar trademark. In case of subsequent offenses, the imprisonment term can be extended to 5 years.
  • Fine: The infringer may be liable to pay a fine of up to Rs. 2 lakh which can be extended to 3 lakhs for subsequent offences.

Conclusion:
In the end we can conclude that in are market like India which is competitive in its very nature, protecting your brand identity through the use of trademarks is crucial. Deceptively similar trademarks not only harm your reputation and profits but also lead to legal trouble and thats a burden nobody wants. Knowledge of how courts assess similarity through real-life cases and taking proactive steps like thorough searches, distinct mark selection, and legal guidance can help you navigate this complex

landscape. Remember, chariness and measures are the key to safeguard the brand identity and ensuring it's successful outcome.

Written By: Tushar Tiwari (BA-LLB 3rd Year), Law Student, FIMT, GGSIPU; New Delhi