Trademark Registration in India: The Advantages a Business Gets From It

A sign that helps to differentiate a product of one producer from another or a company from its competitors is called a trademark. By attaching an indication to a product or service, a company can create an image in the minds of customers that lasts for a long time. A perfect example of a trademark is the red thumb that is always connected to the cool Thums-Up drink.

In India, a company can register:

1. Word

2. Name

3. Logo

4. Numbers

5. Slogan

6. Device

Once any of these receives a trademark registration, only the owner has exclusive rights to use it. In simpler words, only the company can use the registered word, slogan, logo, etc. For example, only Apple Inc. has the right to put the symbol of a partially eaten apple on its products.

Why obtain a trademark registration?

In addition to distinguishing a product from others, a brand is an intangible asset for a business. It protects not only the owner of the property but also the brand. Some other reasons to get trademark registration online are:

1. It ensures that each consumer easily recognizes the product through the logo or name.

2. It offers a legal safeguard against duplicate products and counterfeit services.

3. It builds a sense of trust in customers, which in turn leads to loyal, repeat buyers achieving the ultimate goal of profitability for any business.

4. It can be sold, franchised or transferred at any time, making it an asset to the company.

An essence of registering a trademark in India

India’s law for trademark registration is called the Trademark Act, 1999. When a company applies for a trademark, it must select from among 45 different classes. These are categories of products and services that are defined by the nature of the business. Once a trademark is registered, it is entered into a registry that maintains all TMs of a particular class. This is done to keep track of all logos, symbols, words, etc. registered

A trademark is valid for ten years. Registration can be renewed for another decade, provided an application is submitted within a postulated period.

Advantages of Trademark Registration

• an intangible property

For a business, any property has value. A trademark is considered by law a property that is identifiable and intangible. It means that the brand has value because it is the symbol of the reputation of the product or service. In addition, a trademark registration works in a similar way to other assets of a company. It can be sold or transferred at any time.

A common brand, on the other hand, cannot be separated from the business, that is, an unregistered TM is always attached to the company. If another company wants to acquire the goodwill that comes with a common trademark, it has to buy the entire trade and not just the brand.

• the exclusive right

A registered trademark may only be used by the owner of the mark and the product or service it serves. If anyone other than the owner makes unauthorized use of it, you face legal charges. The authorized legal remedies that come with TM registration is the most significant benefit of it. Some of the actions that can be performed are:

1. sue for infringement

2. Prohibition

3. Delivery of infringed items

4. damage payment

• A major deterrent

The presence of a registered trademark discourages other business owners from using the same or a similar trademark on their products or services. It guarantees that an asset maintains its surplus value.

• A promise of security

If a company wishes to obtain a loan, it can use the trademark in a manner comparable to real estate. In other words, a registered trademark can be pledged as collateral to obtain a bank loan.

• Right to licenses and others

Only a registered trademark has the right to:

1. Use the ® or “R” symbols on an item or service.

2. License the brand. It is registered in the trademark registry. It gives the licensee the legal right to initiate any proceedings in case of infringement.

3. Be transferred to another entity, person or company.

4. Get registration is some foreign territories. This allows the protection of the brand on a global level while expanding its operations.

• As evidence in the process

The act of registering a trademark is taken as proof of the validity of the registrations and the rights that come with it. In the event that legal action related to the trademark is required, the certification accredits a person as the owner of the trademark. The original registration certificate is taken as evidence until proven otherwise.

• A right to action

Under the Counterfeit Products Act of 1997, the owner of an intellectual property, which in this case would be a trademarked item or service, has the option of taking criminal or civil action against a company or individual who has been involved in the forgery. The CGA also gives the same right to anyone who has an interest in counterfeit goods.