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TRADEMARK Registration

Why should you register a Trademark?
  • Registration of a trademark gives the registered owner of the mark exclusive right to use the mark in relation to goods or services for which the trademark has been granted.
  • It identifies and distinguishes the source of the goods or services of the party from those of other.
  • It is an evidence of ownership of the mark.
  • To offer licenses & franchises.
  • It serves as a notice to the public that you claim ownership in the mark.
  • If a person uses a mark in connection with certain goods/ services in the course of trade, which is identical or deceptively similar to a registered trademark for similar goods/services, the registered owner will be able to sue for infringement of a trademark.
  • If the mark is not registered, then the owner of the trademark can take the action of passing off under common law and the legal action under the passing off, requires proof of use and reputation of the Trademark each time an action is launched against an infringer. This process is very cumbersome.
  • If you do not register your trademark and someone else registers a similar or identical mark, the owner of the registered mark prevents you from using the mark.
Aquiring Trademarks Rights
  • By Use.
  • By registration of the mark.

A person who uses the mark first can prevent subsequent users from using the mark in respect of the same goods. He acquires common law right in the mark and can sue for passing off. By virtue of the use of the Trademark the person gets a sort of exclusive right to use the Trademark in relation to the product. Similar right s can also be acquired by registration of the Trademark even if the mark is proposed to be used and is not currently used by the person. A Trademark is a form of property and enjoys protection either under The Trademark Act., 1999 if it is registered or under the common law if it is unregistered.

Who Should Register a Trademark?

A manufacturer or a merchant of goods who wishes to distinguish his goods from those of others can apply for registration. A Service Provider providing services can apply for registration. Even those proposing to use the mark at a later date can apply. In a truely globalized world where foreign companies are free to invest in India and start businesses in India, It is important for Indian Companies, Big or Small, to protect their Tradenames, logos, etc.