Why should I get a registered trademark?
For a certain level of protection, one can simply make use of one’s mark in commerce which grants common law rights. However, getting a registered trademark on the Trademark Registry’s principle register has its own advantages:
- An Indian registered trademark grants the owner claim of ownership of the mark.
- A registered trademark grants exclusive right legally to the owner to use the mark throughout the country.
- The registered trademark grants the owner right to bring an action in Indian court.
- With Indian registration, one can obtain registration in foreign countries as well.
What are common law trademark rights?
Indian registration is not required to establish rights in a trademark. Common law rights arise when one actually makes use of a mark. Normally, the first one to either use a mark in commerce or file intent to use application with the Trademark registry has the ultimate right to use and to registration.
Is the ownership of a trademark transferrable?
Yes, it is. A registered trademark can be transferred or sold. Written assignments may be recorded in the Indian trademark registry for a fee.
Can I make use of My Trademark Name?
It’s important to use a trademarked name in compliance with the Indian law. Since trademarks are words, symbols or designs that specifically distinguish the source of an owner’s commercial goods, the way a name is used may create a misunderstanding among the people as to whether the use is made by the owner or by another.
How can we protect our Trademark?
At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees. At the international level, you have two options: either you can file a trademark application with the trademark office of each country in which you are seeking protection.
What rights does Trademark registration provide?
In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation.
How long does Trademark protection last?
The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on payment of additional fees. Trademark rights are private rights and protection is enforced through court orders.
What kind of Trademark can be registered?
A word or a combination of words, letters, and numerals can perfectly constitute a trademark. But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of goods, non-visible signs such as sounds or fragrances, or color shades used as distinguishing features – the possibilities are almost limitless.