It is one of the vital steps to obtain trademark registration for the business under the Trademarks Act. The Trade Marks Act, 1999 is the primary statute governing Indian trademarks law. This act enumerates numerous offenses about trademarks. The fundamental purpose of this statute is to prohibit people from falsely applying for the trademark.
However, the foremost step towards the registration of your trademark is to run a quick trademark search. Our team of advocates would help you run a trademark search to make sure that there is no similar pre-existing trademark and that your trademark is unique. After the search is complete you can proceed to the second step.
In India, trademark registration is a procedure that should be carried out under the supervision of a professional. The legal protection provided by trademark registration is against the misuse or copying of the company’s name or registered logo. The trademark owner acquires legal ownership of the trademark, which can be enforced in any court. When a trademark is registered, the owner gains nationwide ownership of the mark, which can be legally enforced in any court.
A trademark registration serves as formal notice that the trademark has already been registered.
Importance Of Getting Trademark Registration
The right to openly promote a trademark as a registered trademark alerts others and eliminates the defense of innocent infringement. Once a trademark is registered, it will appear in search reports, discouraging other applicants from pursuing the registration of the same or similar mark.
The owner of a trademark can recover up to threefold damages from the infringer if the trademark is registered in India. The owner is presumed to be the rightful owner of the trademark. When a trademark is registered, the owner gains the ability to sue anyone who is misusing the mark in any court. Unregistered trademarks, on the other hand, are vulnerable to legal action.
What Could Be Registered As A Trademark?
Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers:
- Name (Product Name, Business Name, Person’s Name/Surname, Abbreviations)
- Brand Logo/Symbol
- Tagline, it could be a colour Mark, sound mark or a scent mark.