What is meant by a trademark?
A trademark is a kind of intellectual property. It is a visual depiction of a symbol, label, word, design, numismatic character, or a blend of these things that differentiate your services or products from your customers. It is safeguarded by the Intellectual Property Rights( IPR).
A trademark is utilized in the following manner:
- To legally guard your brand against scams.
- To set up recognition in the market
- To discriminate your goods and services from your competitors.
Kinds of trademark owners
In India, there are two kinds of trademark owners:
- Registered Trademark owners have registered their trademarks with the Trademark registry. It is one of the kinds of trademark owners.
- Unregistered trademark owners do not register their trademarks with the Trademark Registry. It is a different type of trademark owner.
Registered and Unregistered Trademark
To be the Trademark owner, you must begin using your services or goods. This aspect indicates that the rights linked with owning a trademark are based on its usage. It is significant to remember that these rights are restrained to a particular geographic region wherein your services or goods are accessible. If you are willing to have national rights, applying for a trademark online is advisable.
You must utilise a symbol to make your customers aware that you hold a trademark. Although unregistered, you must have your trademark having the symbol "TM." A registered trademark owner can use the symbol "®" to enable their stakeholders to identify their trademark registration.
Applying for a trademark online makes it an intellectual property for a business. It protects the company's brand.
Rights of an Unregistered Trademark Owner
The owner of an unregistered trademark owner can avoid any third party from utilizing any alike trademark. Such illegal usage ensues in rivals. The further process of an unregistered trademark violation can be started under Common Law Rights.
The proprietor should be capable of proving the encroachment by establishing the subsequent vital factors to bring action:
The trademark owners gained goodwill in the market:
- Falsification of the defendant's Act.
- The loss suffered by the owner or probable to be endured by the owner.
Trademark rights of a registered owner
It is not significant to register your trademark. Nevertheless, to Apply for a trademark online gives great rights in comparison to the rights of an unregistered trademark. It is an awkward procedure. After registration, it provides the owner with some valuable rights. It is stated in the following way:
1. The Right to limited Use
The limited right to utilize the trademark related to the goods and products it is registered for. If there are more than one proprietors whose name the trademark is registered, they will have a similar right to other unregistered users.
2. The Right to constitutional Remedy for Any violation
Since the owner has trademark rights, they can avail legal solutions to any kind of violations of their registered trademark in a manner stated by law.
3. Right to consign
A registered trademark owner can transfer ownership by license or assignment. They can give efficient receipts for assignments.
4. Right to Register amendment
The registered trademark owner can apply for rectification of the register in terms of the name, explanation of the registered proprietor, or address. He has the right to cancel any entry of trademark right on the register or cross out any class of services and goods from the register.
5. Trademark rights to license or vend the trademark
One of the significant rights of registered trademark owners is to license or vend their trademark to another party. This aspect enables the trademark owner to legitimatize their trademark and broaden their business.
6. Right to prosecute for damages
For encroachment, a registered trademark owner can litigate for damages and obtain reimbursement for any losses due to the violation.
7. Protection against the import of breaching of goods
A registered trademark owner can file a grievance with the Customs authorities to shun the import of goods that contravene their trademark. This avoids the passage of forged goods on the market.
8. Regeneration of trademark registration
A registered trademark owner can refurbish their trademark registration after every ten years to make sure enduring legal protection and restricted rights to utilize the trademark.
Frequently Asked Questions:
Q.1 What are the advantages or rights of a trademark proprietor?
A.1 The advantages or rights of a trademark proprietor are that it enables customers to recognize a business as the source of a product or service. Trademarks are the foundation to generate a company's brand and reputation: they form a relationship of loyalty with customers, which allows a business to build a loyal clientele and boost the company's goodwill.
Q.2 What is safeguarded by a trademark?
A.2 A trademark is a sign that differentiates one enterprise's goods or services from others. Intellectual property rights safeguard trademarks.
Q.3 Can I trade my registered trademark?
A.3 Yes, you can trade registered trademarks in India. A trademark owner can sell it to any legal or individual body through the Trademark assignment procedure. The trademark owner's rights give to an entity or individual.
Q.4 What is meant by the trademark owner?
A.4 The trademark owner is the person who integrates the mark to goods that they generate or utilizes the mark in the advertising or sale of services that they carry out.
The Bottom Line
In India, a trademark is registered per the Trademark Act of 2016. When trademark violations happen, the Act enables the trademark owner to prosecute for damages for trademark contravention. You might wish to register your trademark to obtain the abovementioned rights of a registered trademark owner. The legal experts at Lawgical India can aid you in registering even a late trademark via an efficient online approach.
