The trademark, which we generally refer to as the brand, forms the identity of products or services offered by a business. A business can have multiple brands for different lines of its products. In today’s hyper-competitive marketplace, building a strong brand is one of the most valuable assets a business can own. Whether it’s your company name, logo, slogan, or even product packaging, these elements help distinguish your business from the competition and establish trust with customers. But what protects these assets from being copied or misused?
That’s where trademark registration comes into picture. By obtaining trademark registration you can take the first step towards protecting your brand. This will help you in building your brand with peace of mind and give you the right to stop others from using the identical or similar name. At the same, you have to be vigilant all the time as there are some habitual infringers who will try to copy your brand if it becomes popular in the market.
Benefits of Trademark Registration
- Legal Protection
The most important benefit of registering a trademark is the exclusive legal right to use the mark in your industry. If someone tries to copy your brand or use a similar mark, you can take appropriate action as per the provisions of Trade Marks Act, 1999 and Trade Marks Rules, 2017. - Base for International Trademark Application
In order to file a trademark application through World Intellectual Property Organisation (WIPO), first the application for the same mark has to be filed in India. The Indian application acts as the base on which the protection is sought in other countries. - Brand Value and Recognition
A registered trademark builds brand equity. It represents the reputation, quality, and trust your customers associate with your business. Over time, this value can grow into a powerful competitive advantage and even a significant business asset. - All India Protection
The trademark once registered gives you the right to use it anywhere in the country, unless a restriction is imposed by the department. For Instance, even if you are running a small business in Chennai, you can legally stop another party from using the mark in Jaipur also. - Custom Recordal and Border Protection
The owner of a trademark can record the details of their trademark with the Customs Department. This will ensure that no infringing goods are imported into India. The Custom Authorities will cease such goods at the port itself and intimate you. - Deters Infringement
When your mark is officially registered, it’s publicly searchable, which deters competitors from adopting similar branding. The ® symbol also serves as a strong warning that your brand is protected by law. - Easier to Enforce Rights
If infringement does happen, a registered trademark gives you stronger standing in court. You may also be eligible for statutory damages, legal fees, and more favorable outcomes. - Sell, Buy or License a Registered Trademark
It is a valuable intellectual property and can be bought, sold or licensed for value. If your trademark has attained goodwill you can expect a fair price for the same.
FAQs on Trademark Registration
The list of frequently asked questions regarding trademarks is provided below:
