Protecting Brand through Trademark Enforcement in India

It's essential to register your brand name under the Trademark Act of India; it gives the ownership of intellectual property and rights to the full use of the registered mark. Through this, you can obtain legal protection in case of infringement of their trademark.

If you need to launch your TM, it is necessary to conduct a TM search in all required trademark authorities worldwide. The Trademark Act of 1999 (the TM Act) provides enforcement through infringement and passing-off actions. It protects trademark rights in India and deals with the rules governing trademark enforcement in India, registration, protection, and infringement penalties.

Trademark registration

To apply for a trademark, a person must follow the provisions enlisted under Section 18 of the Act. Brand classification is used in all businesses, and registration takes approximately two months.

Online application submission is available. If the registration application gets rejected, you will get the reason for the same.

Classification of Trademarks

Section 7 of the Trademark Act 1999 deals with classifying trademarks according to the international classification of goods and services. There are 45 classes of goods and services under this classification.

Benefits of trademark registration

Protection of brand name

No other business can use the same name when a company gets trademark registration done for its brand name, and it provides exclusive rights to use the same name on its goods and services nationwide. If any organisation wishes to use their name, first, they would be required to take permission from the registered firm and also would be required to pay some royalty.

Provide the edge over other brands

If their product is famous and customers have become brand loyal because of their products or services, it becomes a status symbol for the customer. Trademark also protects the symbol, so it is easy for the customer to recognise the product, and customers also gain satisfaction on showing that they purchase such branded products.

Better reach out to potential customers

Trademark registration of the symbol and name of the organisation allows the organisation to advertise as well. Organisations can give advertisements in newspapers, TV, radio, social media, etc. After gaining popularity, one must put the symbol and sell the product.

Expand business

When one has a trademark registered business, the organisation can expand in many ways because the name registered by the organisation does not expire. It is applicable as organisations follow the going concern principle. As they expand, they become more popular and increase the customers' loyalty to the products and services.

Provide inexpensive protection:

The cost of registering a trademark is significantly less, whereas the benefits are very high. If the organisation does not get trademark registration done, there are chances that someone else will get it registered, and the organisation might lose all the hard work it had done to establish the brand name. It is just a one-time cost which is significantly less according to the threat to the organisation.

Role of trademark

In India, the Trademark Act 1999 indirectly deals with 'acquired distinctiveness' or 'secondary meaning' under Sections 9 (1) and 32.

The primary role of trademarks today is the acquisition of monopoly or exclusive right to use a mark or brand name in many countries for many products. Concerning which is it used for registered as possible.

A Trademark behaves in another role of far-reaching effect, and the owner of his bargaining strength in giving technical know-how compulsory requires other persons to use his mark against royalty or additional indirect costs of advertising, promotion and maintaining and building the commercial value of the mark.

Trademark owners who own patented or unpatented technology obtain another type of benefit from registration while transferring the right to use a particular technology. It shall get sold under the trademark of such owner.

Conclusion

Trademark enforcement in India is one of the investments with invisible returns but creates many differences. It gives indirect protection to the growth of the organisation. Having a trademark is a smart to do in the ever-changing and expanding business world.