Tuesday, 3 December 2019

Trademark registration in India: the leverage that a company derives from it

A signal that helps differentiate a product from one manufacturer from another or a company from its competitors is called a registered trademark. By associating an indication with a product or service, a company can build an image in the minds of customers that lasts a long time. A perfect example of a brand is the red thumb always associated with the Thums-Up cold drink.

In India, a company can mark:

word
first name
logo
speak up
slogan
unit

Once one of these has received a trademark registration, only the owner has exclusive rights to use it. In simpler words, only the company can use the trademark word, slogan, logo, etc. For example, only Apple Inc. has the right to place the partially consumed apple symbol on its products.
Why get a trademark registration?

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

Ensures that every consumer easily recognizes the product through the logo or name.
It offers legal protection against duplicate products and counterfeit services.
It creates a sense of trust in customers, which in turn leads to loyal and returning buyers who achieve the ultimate goal of profitability for any business.
It can be sold, franchised or transferred at any time, making it an asset to the business.
An essence of registering a trademark in India
The Law of India for Trademark Registration is called the Trademark Act of 1999. When a company applies for a trademark, it has to choose from 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 in a register that maintains all TMs in a particular class. This is done to keep track of all logos, symbols, words, etc. with registered trademark.

A registered trademark is valid for 10 years. Registration can be renewed for another decade, provided that an application is submitted within a postulated period.

Advantages of Trademark Registration

An intangible property

For a trade, any property has value. A registered trademark is considered by law to be an identifiable and intangible property. This means that the brand has a value because it is the symbol of the reputation of the product or service. In addition, the registration of a brand functions in the same way as other companies' assets. It can be sold or transferred at any time.
A common trademark, on the other hand, cannot be separated from the company, that is, there is always an unregistered TM attached to the company. If another company wants to acquire the goodwill that comes with a common brand, they have to buy all the trade and not just the brand.

The exclusive right

A registered trademark can only be used by the trademark owner and the product or service they provide. If someone other than the owner uses unauthorized use of it, they face legal fees. The authorized remedies that come with the TM registry are the most significant benefit. Some of the actions that can be taken are:

Allegation of Violation
prohibition
Delivery of violated items
Damages
An important deterrent
The presence of a registered trademark discourages other business owners from using the same or similar brand in their products or services. It guarantees that a commodity maintains its good will.

A promise of security

If a company wants to get a loan, it can use the registered trademark in a way comparable to real estate. In other words, a brand can be promised as collateral for a bank loan.

Right to license and others
Only a registered trademark is entitled to:

Use the symbols® or "R" in a product or service.
Trademark License The same is registered in the Trademark Register. It gives the licensee the legal right to initiate any proceeding in the event of a breach.
Transferred to another entity, person or company.
Getting registration is a few foreign territories. This allows global fire protection while expanding its activities.

As evidence in proceedings
The registration of a registered trademark is taken as proof of the validity of the registrations and the rights involved. Under a circumstance that required legal action related to the trademark, the certification shows that a person owns the trademark. The original registration record is taken as proof until otherwise proven.

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