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8 key facts and benefits you should know about trademark registration in India

By - Juhi Chandel on December 2, 2022

There are several methods a business can build brand awareness thanks to technological improvements and innovative marketing approaches. Trademarks are crucial because they serve to distinguish between different companies and forbid unauthorised third parties from using them for commercial purposes. However, only obtaining a trademark is not enough, trademark registration in India is necessary. A registered trademark gives the owner an exclusive right and distinguishes the product from similar products created by other businesses. A trademark protects a brand over the long run and serves as the owner's intangible asset. Here are 8 benefits of trademark registration in India from this article. You can register your trademark by hiring one of the best trademark attorneys in the field.

Table of Contents

  1. Builds brand protection and brand value: The well-known brands in the market are identified by their trademarks, which maximise consumer confidence and goodwill. It aids in attracting new clients or consumers for the same and aids in keeping hold of the current customer base. For any business, the customer is important and a trademark allows to create that trust in minds of potential customers.
  2. The exclusive right to use a particular trademark: The exclusive ownership of the trademark belongs to the registered proprietor. The registered proprietor has the right to exclusive ownership of the trademark and has the power to prevent its unlawful use. It offers the ability to file a lawsuit against anyone using a registered trademark without authorization. Therefore, it is advised to get trademark registration in India.
  3. Creates an intangible asset of value: By using trademarks to identify the source of the goods and services, businesses may maximise customer trust and reputation while guaranteeing the same quality. It aids in keeping customers interested in the brand’s consistency. The creation of a trademark through registration results in the creation of a priceless intangible asset. The assets that cannot be touched or seen are known as intangible assets, for instance, patents, copyrights, etc.
  4. Differentiates the products from others: Customers can easily find goods or services thanks to trademarks. It serves as an effective marketing strategy by differentiating goods or services from those of current and anticipated rivals. The tool, logo, or label can convey your company's vision, quality, or distinctive trait.
  5. Mark of quality of product or service: The guarantees that the product's and service's origin and quality will remain the same. Customers associate a brand's quality with its goods and services, and this association helps to build a brand's reputation in the marketplace and draw in new customers.
  6. Protection from unauthorized use: No one is allowed to use the trademark without the consent of the registered trademark owners. If a trademark is used without the registered owner's consent or in a misleading, similar, or identical manner, the registered owner may pursue legal action under the Trademark Act to prevent the usage.
  7. Attract new customers: It fosters a positive perception of the company making it simple to draw in new consumers, clients, or customers.
  8. Global trademark recognition: The Registered Owner may assert a Prior User or Priority Claim for a Trademark Registered in India on the basis of the Trademark registration certificate issued in India, this is in accordance with the Paris Convention to which India is a part. One of the important aspects of the right of priority is that when an application is filed in any one of the contracting states of the convention, the applicant may within a period of 6 months apply for protection in any of the remaining contracting states. Such applications filed with the contracting states are considered as filed on the same day the foremost application is made. In addition to the fact that applicants who desire to protect their marks in several countries need not file multiple applications with each country. 

Conclusion

A good trademark must be simple to say and recall while maintaining the distinctiveness and originality that set it apart from competing products. The goodwill and reputation of the brand have a significant impact on a consumer's decision to approach any goods or services. Trademarks that are registered with the trademark registrar are typically regarded as trustworthy brands in India. Furthermore, it is reasonable to assume that registered trademarks are trustworthy because a trademark serves as a source identifier for a product. Therefore, selling a subpar brand would be frowned upon by every registered trademark holder because it would damage their brand identification.

Hence, trademark registration in India will allow the proprietor of a such trademark to enjoy all the above-stated benefits. In case of any dispute, you can consult with a trademark infringement lawyer to resolve the same.

FAQs

What are the main essentials of a trademark?

The essentials of a trademark are a creative distinct mark, descriptive of the product, and easy to remember. They should not confuse the customers with any other product. To apply for a trademark, take guidance from one of the best trademark attorneys at King Stubb & Kasiva.

What are the various steps for registration of a trademark?

Here are a few steps for trademark registration in India are-
1. Name, address, and nationality of the proprietor
2. Party Type
3. Language of the mark
4. Translation or Transliteration of the trademark
5. Class of goods or services in respect of which the trademark is to be filed
6. Specification of goods or services inspection of which the trademark is to be filed
7. User detail of the trademark
8. State of Jurisdiction of the trademark office
9. Address of service details

What makes a strong trademark?

A strong trademark is powerful and distinctive. It indicates that the trademark identifies a particular brand as the provider of your goods or services immediately and clearly. It provides the ability to stop people from using your trademark without consent, which will be easier the stronger trademark. In case someone is using your trademark without consent, you can find a trademark infringement lawyer to deal with the matter.


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