What is the Effectiveness of Trademark Enforcement in India?

For many companies, a trademark is the most critical business asset of all time! It is because of its establishment through goodwill and long-built reputation.

Any company can misuse these trademarks through unfair competition, infringement, dilution, and many other reasons. Here is when trademark enforcement comes into the picture. Even if you are a vigilant business owner, you cannot determine who misused your marks to gain a competitive advantage.

The failure to enforce a trademark by proper monitoring will cause you a loss of distinctiveness. The loss results directly in losing a trademark which is the last thing you want!

Effective trademark management

Once you've registered your trademark, your brand is officially in public! But, if any business starts using your brand without your consent, how would you deal with it? It is a must to check on who's using your mark so you avoid any business diluting your rights.

You learn what competitors do through effective trademark enforcement in India and management. You keep track of your brand not getting infringed. When you work with a professional, they ensure to

• Take action against any business that performs infringement of your rights. They prepare a letter against the one who's demeaning your trademark.
• Advising your business with any issues of validation or infringement that companies can undertake! or advising you on the third-party trademark that you may be indulging into, unintentionally
• attacking the competitors if they question your trademark, or attacking competitors if they tend to validate your trademark
• Negotiating a fair settlement with the disputing party, resolving the dispute cost-effectively.

Trademark protection and enforcement

Trademark protection does a lot, apart from simply granting you the rights to use the trademark. It further prevents the third party's unlawful and unauthorised use of the mark. The trademark applicant can use his trademark against those who have infringed their rights. Plus, they can also enforce trademark rights against passing off.

Difference between trademark protection and enforcement

These are the two remedies for any trademark unlawful and unauthorised use. Plus, both remedies are distinctive, so you need to know what is right for you. One of the biggest differences between infringement and passing off suits is their nature. Infringement can be brought into the picture only when the applicant has registered the trademark in India. In case of the passing off suit, when there is a breach, and the support is also for an unregistered trademark. Infringement is an act of statutory remedy under the Trade Marks Act, 1999.

This one is contrary to the passing-off action as passion off is not an act but a common law principle. It is so since infringement talks about taking action only when the trademark is registered. The applicant has the burden of proving the infringement with your trademark. Deception is the most crucial element for a claim to protect your rights. Both options are unique to each other but on the same level!

Actively using a trademark

Owning a trademark doesn't mean you won't face any complications of losing your rights! Trademark enforcement in India is crucial, allowing business owners to be actively involved! You need to actively use the mark to prevent others from using it! Trademark laws protect the mark from being there and sitting idle, and its protection is the most crucial element that helps you run your business smoothly. For using a trademark, you need to trade it in the marketplace so people know you and your brand.

You tend to safeguard and make a difference when you use it continuously. Registration doesn't mean you can exempt yourself from using the mark! Businesses may still use your mark, but you will realise it if you're actively involved. It can go wrong if more than three years have passed and you haven't used your trademark. The court will order to cancel your trademark!

Conclusion

Now that you know about trademark enforcement, you should make the right decision. Remember, your business owners' rights should not be compromised. And, if there is any practice that makes your reputation go low. It is time that you take action against it!