A Trademark Registration is the legal protection of one’s brand name such that it cannot be copied by any o their party. In other words, a ‘trademark’ is a visual symbol which may consist of a word, signature, device, numeral, heading, label, name, that is written in a particular style in order to make it distinct from others. In case of a trademark being copied, the owner will have the right to recover the profits earned in the name of the registered Trademark under the Intellectual Property Act.
Exclusive identification: the product and services provided by the business are uniquely identified by consumers and audiences. This helped to build a market reputation and thus, becomes the face of the business entity. It ensures the sole ownership of a particular symbol, logo, name, such that it is not misused.
Exclusive rights: the right to exclusively use it in respect of the goods and services offered by the business entity.
Legal protection: Once the trademark is registered, an infringement of the existing trademark can be sued by the owner. Thus, it gives certain legal protection in following situations:
Before any trader creates their trademark
Avoids chances of infringement as in the process one might find trademark through Trademark Database or Trademark Registry.
In cases when a trader tries to register the same brand name as existing in the Trademark Registry, it would be objectionable in the Trademark's Office.
In case of infringement, one is able to receive the right to claim under certain conditions.
Building up trust or Goodwill: Serving quality products and services under a registered trademark builds up an image of the business entity in the marketplace. It also portrays that the business cares about the brand building and this passes on positive values about the brand to the customers or public.
Global permits: Trademark registration in India helps the domestic traders in getting exposed to the global market through International Trademark System. It is important to note that even Non-Resident Indians and foreigners are eligible to register a trademark in India. On the other hand, Indians can register their trademarks globally.
Protection from infringement claims: Once the trademark is registered, one can be sure of the infringement claims. This means if the trademark is recorded, one may require a proper legal evidence in order to defend a trademark publically.
The value in the market: A trademark standardizes the product and services provided by the business entity in the market. This builds up the value of the brand such that it is easy for a customer or a potential customer to spot the company or brand in the market.
Hypothecation or security: A registered trademark can be hypothecated for the purpose of security in order to secure loans. Here it is pledged in a similar manner as a immovable property is bonded.
Intangible property: In the legal sense, a registered trademark is often referred to as an identifiable intangible property. It attaches to the reputation or goodwill of the product.
The right to use the symbol R: Once registered, one may use the symbol for goods and services listed in the registration.
It thus becomes clear that it is crucial to get a trademark register. Further, here is a look at the types of trademarks registered and how it is done.
A person who claims to be the proprietor of the trademark can apply for the registration. Before making a trademark, one must conduct a trademark search in the Trademark office to ensure that the design of the trademark is not already registered. One may design:
A person may apply for the Trademark registration under the jurisdiction of the principal place for the operation of the business.
The trademarks for businesses in India are regulated by the Trade Marks Act 1999. The Act aims to provide its registration and better protection while preventing its fraudulent use. After one conducts a trademark search and designs the trademark the next is to Apply for trademark registration. One can do this online or may even hire a lawyer for this purpose. The procedure for the same has been laid in the Act. For every application for registration, an application number is allotted that can be tracked online. Once it is accepted, it would be published in the Trademark Journal. In case no opposition comes up, the trademark is then issued to the owner. However, in case there is an opposition, the same is heard in the Trademark Hearing Office to decide the final registration of the same.
In case the trademark is devoid of any distinctive character or is similar to another registered trademark, it is bound to get rejected. Since the registration gives the trader an exclusive right to enjoy the mark, any wrongful use of a trademark by a person who is not registered user of it is liable for infringement of trademarks. A trader or the owner of the right may claim relief. Unregistered trademark owners cannot file a suit in case of infringement.
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