Trademark rights and protection– Trademarks enable a business to distinguish its brand and services from competitors. A powerful trademark goes a long way in making the brand memorable and remains fresh in the minds of its audience. A trademark is thus crucial for any business that is serious about its operations.
However, it can be quite complex to understand trademarks and their various aspects. In this article, we take a look at the trademark rights and protection in detail.
Whose trademark rights remain protected?
Trademark rights remain protected for businesses only at the ownership level.
How does the ownership of a trademark in my jurisdiction determine?
You need to come on a first-to-use basis to claim the ownership of a trademark in India. The law gives importance to first-to-use against the first-to-file rule. This is different from the law that applies to designs and patents.
What legal protection do unregistered trademarks get?
Unregistered trademarks used previously get protection under common law in India based on the first-to-use law. It protects the goodwill associated with unregistered trademarks. The idea behind this is that there should be no unfair advantage to one party over the other.
How do rights get established for unregistered marks?
When it is a passing-off suit, the court will first think about whether the plaintiff has used the mark previously. The plaintiff’s goods should have some uniqueness and remain attached in minds of the general public. The last factor is whether the defendant has made any misrepresentation about their goods. It can lead to confusion among consumers between the two brands.
What special rights and protections do well-known brands have?
Famous misrepresentation receives extraordinary protection from infringements or passing offs. Based on the national, international, and cross-border reputations, the Trademarks Registry offers protection to popular trademarks. The 1999 Trademarks Act protects trademarks by taking action against the misuse and registration of similar marks.
What legal rights and protections do registered trademarks have?
A trademark registration gives prima facie evidence of ownership and validity. Besides offering statutory protection in India, it also helps in deterring anyone from using the trademark unethically. In case of violation of rights, the owner can also file a suit for infringement
When it comes to unregistered marks, the owner can file a passing-off suit. It is a common-law remedy where the plaintiff has more burden of proof as compared to an infringement action.
Who can register trademarks in India?
Any party can register its mark for goods and services if they claim to be the owner of the trademark. Anyone can register the trademark under the jurisdiction where the business falls under. If the applicant is outside India, they must make the application in the jurisdiction where their agent or lawyer falls.
You cannot take any risks when it comes to building your business. You need a reliable partner who has the experience to ensure everything remains seamless. Adhoclegal has served businesses of all kinds in the past. So we can help you with the application for trademark by assisting you professionally. To know details about our trademark registration services, contact us today.