Trademark Law: How to Protect Your Brand and Logo – Legal Guide with Case Laws
Introduction
- It is noticeable that every company, whether private or public, has a visual representation, often accompanied by an appealing mark, logo, or slogan, that represents the particular brand.
- It is usually something that portrays the brand as well-known within the market. A company or brand is primarily concerned with the traits that influence potential customers' or consumers' purchasing decisions and their satisfaction with the products or services they purchase. The companies sell their products, recognizing these traits and habits, and appeal to potential consumers by presenting their logo, a specific mark that attracts customers to purchase their products. This is referred to as a "Trademark".
- According to Merriam-Webster's dictionary, a Trademark means a device (such as a word) that points distinctly to the origin or ownership of merchandise to which it is applied and is legally reserved for the exclusive use of the owner as the maker or seller.
Legal Concept of Intellectual Property
- The concept of intellectual property originated with the Paris Convention, which aimed to provide legal protection for intellectual creations.
- The Western development of Intellectual Property Laws has influenced the development of Intellectual Property Laws in India. The Indian history of protection of Intellectual Property Rights through legislative and judicial enactments has contributed a lot on its part in extending protection to the owners or licensees of trademarks who can seek a remedy under enactments like, The Trademarks Act, 1999, (though there are other legislations dealing with the Intellectual Property Rights, we are discussing about the Trademark laws only) and apart from that remedy can be sought under the Specific Relief Act, 1963, under Sections 479 to 489 of the Indian Penal Code, 1860, and under Sections 345 to 350 of the Bhartiya Nyaya Sanhita, 2023.
- The subject matter of intellectual property encompasses a wide range of areas, including literary and artistic works, films, computer programs, inventions, designs, and trademarks. It is a legal concept defined under the Trademarks Act, 1999.
Protection of Brand & Logo
- To attract customers, business owners advertise their businesses using trademarks through digital media, with a primary focus on advertisements created by creative teams supported by the entertainment industry. Thus, the amount of importance is given to maintaining the brand in hype through the digital media, hence it becomes necessary to protect the brand and logo from being misused by competitors and all those tend to maintain the status quo in the legal sense which means to maintain as well as protect all the unique qualities it has derived from its brand, that is only possible when it's protected, and it's protected through the Trademarks Act.
- According to the Act, a business owner, whether registered or unregistered, under the Trademarks Act, 1999, grants the owner exclusive rights to use and allows them to receive a consideration amount if any registered trademarks under their name have been utilized unlawfully. Most importantly, it protects the brand owner from other competitors using it in an unauthorized way. It protects the legal rights of brand owners from trademark infringement.
- In the case of Cadila Healthcare v. Cadila Pharmaceuticals Ltd. (2001), Cadila Healthcare and Cadila Pharmaceuticals used similar trademarks for their anti-malarial drugs, "Falcigo" and "Falcitab," respectively. The Supreme Court ruled in favor of Cadila Health Care, which highlights the heightened risk of confusion in pharmaceuticals. It was held that it is insignificant whether the plaintiff and the defendant trade in the same field or the same or similar products. The court established specific criteria to determine the passing off of an unregistered trademark. This includes:
- Nature of the mark, whether it's a logo, label, or wordmark,
- Degree of similarity of goods sold in the market,
- The nature of goods for which the marks are used in relevant markets,
- A class of consumers who might buy the goods,
- Mode of purchase (online or shops),
- Other circumstances that may be relevant on a case-by-case basis.
- In the case of Renaissance Hotel Holdings Inc. vs. B. Vijaya Sai on 19 January 2022, the Supreme Court clarified Sections 29, 30, and 31 of the Trade Marks Act, 1999. The court further held that where two marks are respectively similar or are deceptively the same and applied to goods or services in the same class, then the plaintiff does not need to prove actual damage or confusion.
- In the case of Mondelez India Foods Private Limited v. Neeraj Food Products, the plaintiff, Mondelez India Foods Pvt. Ltd. (formerly Cadbury India Ltd.), sued Neeraj Food Products for using the trademark "JAMES BOND" on chocolates, claiming infringement of their rights to the well-known brand "Cadbury Gems". The Delhi High Court ruled in favor of Mondelez, as defendant's mark & packaging are deceptively or confusingly similar to the plaintiff's marks, packaging, etc., permanently restraining the defendant from using the trademarks "James" or "James Bond/Jamey Bond" for its chocolates, and awarded actual costs of ₹15,86,928 of the suit and damages of ₹10,00,000 to the plaintiffs.
Conclusion
The objective of a trademark is not just to be a well-known representation and to promote a brand, but mainly to avoid confusion among customers and also among the competitors in the market itself, because of the large number of brands representing different product markets; everyone needs novelty and uniqueness in the description and appeal to the customers. When a brand shows uniqueness in its logo, that is where confusion is avoided. In India, 'use' is given a broader interpretation; thus, even if there are no real sales of the goods or provision of services, mere advertisement would suffice. In the end, even if a second brand copies a well-known mark, it does not diminish the brand's values; instead, it leads to enhancement and further protection due to the mark's increased popularity. Thus, the legal protection of trademarks has a substantial impact on how they are portrayed.
Written by - Madhurima Athri
Edited by - Ankita
