Benefits of Indian trademark registration

In the Indian Union, trademark [brand name] rights are generated by use as trademarks. There are no legal requirements for registered trademarks. However, there are many benefits to registering a trademark in the Indian Trademarks Registry [TMR].

Trademark registration may be the most important part of a company's intellectual property protection program. Without trademark registration, the company relies entirely on the common law rights of the geographical area in which it uses the trademark. Most importantly, if not registered, the latecomer can register a trademark that is the same or similar to the company's trademark. Registration by other users may prevent the company from expanding its use of the trademark in other areas or may prevent the company from attempting to register its trademark later. For the company, this is definitely an unacceptable pill that can be avoided by registering in advance. If the company registers the company before other users, TMR will reject another similar trademark that is the same or confusing. In addition, the company always has the right to outperform the latecomers and will not be blocked in its expansion plans.

In addition to the above, trademark registration rights include:

o Trademark registration provides a constructive notice of registration and claims that the infringer does not know that the company's trademark has been registered;

o Trademark registration establishes jurisdiction over the trademark infringement lawsuit in the plaintiff's place of business;

o Trademark registration may be the basis for awarding damages;

o Trademark registration establishes the presumption of trademark owners' use of trademarks nationwide;

o The use of trademarks within five years and one month, the presumption of rights can become undisputed;

o Other companies that conduct trademark searches prior to the adoption of a trademark are likely to not use trademarks that are identical or similar to the company's trademarks;

o Registration on the Trademark Register may be used as a basis for the seizure of counterfeit or infringing goods; and

o For companies wishing to expand internationally, if they are members of international treaties such as the Paris Convention, the date of registration can be used as a priority date for other countries.

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