A trademark is a word, phrase, symbol or design, or a combination thereof, which is used by a manufacturer or trader or service provider that the same identifies and distinguishes the source of the goods of and services of one manufacturer or trader or service provider from those of others.

The rights in the trademarks are acquired either by honest adoption or by prior use, assignment and transmission of the trade mark.

Any person claiming to be the proprietor of a trade mark used in commerce or proposed/intent to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark

The descriptive words, trade mark which are previously registered in the name of different proprietor and without consent of the said earlier proprietor, the marks which are prohibited under the names and emblems act in India.

Any person who is either affected by the registration of said advertised mark in the name of different proprietor by virtue of prior adoption/use/registration of the same trade mark in their name or in any way the use and registration of said advertised mark is any way affecting the public interest may within three months from the date of the advertisement. or re-advertisement of an application for registration can oppose the mark.

Any trade mark owner on acquiring the knowledge of registration of a subsequently adopted identical trade mark in the name of other proprietor which is resembling and/or identical to their trade mark can file rectification/cancellation of said subsequently adopted trade mark before the appropriate office of Trade Marks Registry or before Hon’ble Intellectual Property Appellate Board.

Yes, only when the case is proved by the “persons aggrieved” or applicant for rectification.

The trademarks of good repute in India or of international reputation which are widely used and advertised in a India and are very well known to the major section of the members of Indian society or larger part of members of Indian society by virtue of such use/advertisement are called “well known” trademarks.

Any firm/person/individual whose trade mark whether registered/unregistered by virtue of prior adoption and any such registration and in case of “well known” trade marks on the grounds of either by earlier use or knowledge of the existence of the said trade mark by virtue of any advertisement including the advertisement on “websites” can file action for infringement/passing off on the grounds of their registered/unregistered prior adopted/used/registered/advertised trade marks in any court of India depending upon the registration and use of such earlier prior adopted/used/advertised/registered/unregistered trade marks by them against the persons/firms/companies who are misusing the said trademarks/copyrights.