Is Trademark Registration Compulsory?

Here's What You Need to Know:

You probably wondering, why all businesses , not only businesses but all of these people give trademark registration so much of importance , is it compulsory to register a trademark ?

what’s so special about it, well let us help you to clear that , Trademark registration is not compulsory but a registered trademark enjoys several benefits which, a unregistered trademark can not use. let’s talk a bit more about them.

Registration of a trademark protects the goodwill of a trader and protects the consumer from buying inferior quality goods.

A registered trademark owner can take legal action , against any one who uses a similar trademark, which can be a wordmark, logo, combination of letters and numerals, shape of goods, packaging, or combination of colors or any combination.

A registered trademark can sue for both civil and criminal remedy for trademark infringement under Section 28(1) of Trademarks Act, 1999.

To sum up, registration gives a monopoly right to the mark in a particular territory.

It allows the owner of a registered trademark to prevent unauthorized use of his mark in relation to products or services.

Now, if you need help in your registration , book a free consultation with our experts , and they will help you through out the process of registration.

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WHY TRADEMARK TO BE REGISTERED?

Applying trademark is not enough, a trademark has to be registered to get the maximum protection. Once a trademark is registered it protects not only the brand but also protects the unique font, color combination, get up, trade dress of a product packaging and helps to establish one’s prior and superior rights in the trademark. A trademark gives identity to a brand and help to earn the customer’s trust and goodwill through its valued products portfolio, ethical business practices and governance.

It is always advisable to register a brand with trademark as it prevents others from using the similar/deceptively similar trademark. Registered brand can sue for infringement, passing off etc. as reputation and goodwill is always at stake.

The essential function of a trademark is to exclusively identify the source or origin of products or services, so a trademark, properly called, indicates the source or serves as a badge of origin.

In other words, trademarks serve to identify a particular entity as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark.

Trademarks are used not only by businesses but also by non- commercial organizations and religions to protect their identity and goodwill associated with their name.

Trademark rights generally arise out of the use of, or to maintain exclusive rights over, that sign about certain products or services, assuming there are no other trademark objections.

TRADEMARK CLASSIFICATION?

In trademark, goods, and services are classified according to the nature of the goods and services which are mentioned in the Fourth Schedule of Trademark Marks Rules, 2002.

In total, there are 45 classes (1 to 34 cover goods and 35 to 45 cover services).