Status as on-05/06/2022
Let’s Understand Trademark-
Trademark is a sign/mark which helps public to distinguish the goods/services of one business to others.
In a simple language we can say it as brand name of any business.
Trademark should be unique and distinct in terms of colour combination, font, and design together with in any combination just to create an image in the eyes of public by which they identify the product/services of particular business.
The trademark is Intellectual property and every property must be registered in the name of its owner, and here the brand name is Intellectual property of the owner which comes from the intellect of the owner.
Once the trademark is applied we can use the “TM” on the right side, top corner of Mark once the trademark is registered it is converted from “TM” to “R” as registered trademark.
Data Maintained by Register of Trade Marks
For the purposes of this Act, a record called the Register of Trade Marks shall be kept at the head office of the Trade Marks Registry, wherein shall be entered all registered trademarks with the names, addresses and description relating to registered trademarks as may be prescribed.
Why we call it a Trademark
Trademark is the combination of two words first is “Trade” which includes the goods/services in the business and other is “Mark” is an identity of the business that’s why it is used for the identity of the business as a brand name.
Right of Trademark Holder/Owner
Trademark is an Intellectual property and the owner of the trademark has the right over the registered trademark filed in his name. Any registered trademark holder is protected by any unauthorized use of his trademark. The trademark owner can take legal action against the infringer which infringes its registration. The trademark owner will get huge valuation of the trademark once it is recognized by the public at large the owner can use its trademark for different goods/services of the same class and the owner of the trademark have right to lent/sell its trademark in the market according to current valuation of the trademark which create huge earning for the registered owner.
Infringement of Trade Mark
Trademark infringement is a violation of the exclusive rights attaching to a trademark no one can use any registered trademark without permission of the owner of the trademark holder or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the “infringer”, uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products/services which are identical or similar to the products/services which the registration covers. An owner of a trademark holder can take legal action against the infringer which infringes its registration.
It is important to have the brand name of your business but it is more important to get that brand name is registered under the trademark registry to get its legal right. The trademark is Intellectual property and every property must be registered in the name of its owner, and here the brand name is Intellectual property of the owner which comes from the intellect of the owner.
Owner of the registered trademark have all the rights to protect his trademark from any infringement by taking legal action. It is suggested that your brand name must be registered.
Disclaimer: The above article is based on the personal interpretation of the statue/ Act. The reader is expected to expert opinion before relying upon the article. For more information please contact us.