April 17 2020
Registered Trademarks: The Registered owner have a exclusive rights upon the registered trademark, including the exclusive right to use of the trademark in relation to the goods or services. Trademark Registration is not mandatory in India. A Registered trade mark is valid for 10 years, subject to renewal.
Do you know the 10 Benefits of Trademark registration?
1.Protect Brand Value, Builds trust & optimization of Goodwill: The established brands are known by the trademark and which optimize trust and goodwill among the customers in market. It helps in retaining the existing customers and attract the new clients or consumers for the same.
2.Gives you exclusive ownership right: The Registered proprietor of Trademark enjoys exclusive ownership right over the trademark. The Registered proprietor can enjoy the sole ownership over the Trademark and can restrict the unauthorized use of the Trademark. It provides the legal right to take legal action against the unauthorized use of the Registered Trademark.
3.Creation invaluable Intangible asset: The ensures the same, unchanged quality and the origin of the product or services are known by everyone through the trademark and which optimize trust and reputation among the customers. It helps in maintaining Sustainability among the customers. Registration of Trademark creates an invaluable Intangible asset (in simple language An intangible assets are those type of assets which can't be touched or seen; Examples are patents, copyright, franchises, goodwill, trademarks, and trade names Registered Intellectual Property can be sold, assigned, licensed, transmitted, franchised or commercially contracted.
4.Differentiates Product or services: Trademark makes it easy for customers to find products or services. It makes products or services distinguish from that of the existing and foreseen competitors and acts as efficient commercial tool. The device, logo, label can communicate your vision, quality or unique characteristics of your company.
5.Recognition to product’s Quality or service: The ensures the same, unchanged quality and the origin of the product or services. Customers attach the product and services quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new.
6.The Registered proprietor of Trademark can Use ® symbol over the Trademark: Once the trademark is registered, the Registered proprietor of trademark can Use ® symbol over the Trademark, the symbol indicates that trademark is registered and no one can use the same trademark for same goods or services in the same class without consent of the registered proprietor of the Trademark.
7.Protection against infringement of trademark: No one can use the registered trademark without the permission of registered proprietor of the trademark. The use of registered trademark without the permission of registered proprietor of trademark or Use of any deceptive, similar or identical use of trademark, the registered proprietor can take legal action as per the Trademark Act, 1999 and restrict the person from using the trade mark.
8.Got protection of the Registered trade mark for 10 Years at low cost: Online Trademark application is cost effective, processing of the trademark is very fast & reliable as compared to offline trademark filing. Once you register your trademark you have to just renew the Registered mark timely. Renewal of the trademark is cost efficient and helps to maintain an unique identity for long time.
9.Prior user or priority claim for Registered trademark in India can be claimed while making Global Trademark Registration: If you are a registered proprietor and wishes to register the same trademark in any country except India, in that situation the registered proprietor can claim Prior user or priority claim for trademark Registered in India on the basis of registered in India.
10.Attract new Consumer's or clients: It creates the positive impression of the organization and thus new Consumer's, customers or clients attract easily.
The Complete Guide to Unregistered Vs registered Trademark
The unauthorized usage of trademarks i.e. use of the trademark without the trademark owner's permission, take in to account as infringement. But, this is called infringement when satisfy certain conditions to this. If the unauthorized use of the trademark is likely to cause confusion or Deception in the minds of public that could lead to a loss of business and repute to the trademark owner's, it is called infringement.
No action for infringement can be taken for an unregistered trademark. whereas for a registered trademark, an action for infringement lies where the aggrieved can take civil and criminal reliefs.
The Registered owner have a exclusive rights upon the registered trademark, including the exclusive right to use of the trademark in relation to the goods or services.
Further, the registered trademark owner can get relief of infringement of the trade mark as per trademark act, trademark act enables registration to be a prima facie evidence of validity.
Unregistered Trademarks: The trademark which is not registered under the trademark act, due to which does not possess legal benefits as compared to the Registered trademark owner.
Although the Unregistered Trademark is not registered under the trademark act but protected under the common law.
Unregistered marks are defined as marks which are not registered in relation to goods or services (that is trade mark, or Trade-mark Symbol is a recognizable visual symbol, capable of being represented graphically with all the categories of mark includes an insignia, phrase, tagline, series of words, device, brand, heading, label, ticket, name, signature, word, letter, sound, 3D (3 Dimensional), numeral, shape of goods, packaging or combination of colours or any combination thereof used by a business owner's or entrepreneur's to distinguish its goods or services from other's similar goods or services.) under the Trademark Act. No action for infringement is allowed for unregistered trademarks, it can still be protected by means of common law tort of passing off. To succeed in such an action, it is necessary to establish that unregistered mark has comparable goodwill or reputation in connection with the goods or service or business with which it is used.
Thus, owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law tort of passing off. The action against passing off is based on the principle that ‘a man may not sell his own goods or services under the pretense that they are the goods or services of another man’.
Passing off is taking of unfair advantages by which one person seeks to profit from the reputation of another in a particular trade or business.
There are certain essential ingredients of a passing off action.
The plaintiff have to prove that similarity or identical trade names;
The defendant is deceptively similarity or identical passing off his goods or services as those of the plaintiff;
this deceptively similarity or identical is bound to create confusion in the minds of the customers.
The test to be applied in such matters is as to whether a man of average intelligence and of imperfect recollection would be confused.
Difference between registered and unregistered trademarks:
The registered has a statutory remedy and the unregistered trademarks is a common law remedy.
In case of unregistered trademarks you have to establish that the infringing mark is identical/deceptively similar to the registered trademark in order to establish infringement.
Unregistered trademarks may gain protection, where the goods or services have a highly significant position in the market.
Registered trademark is represented by the symbol ®.
An unregistered trademark is represented by the trademark symbol TM or May be not make any trademark application yet.
However, an unregistered trademark does not possess the statutory right of infringement.
However, the registered trademark possesses a statutory right of infringement.
Hence, it is advisable to get your trademark registration today to get the benefits of registered trademark.