Friday, June 12, 2015

Advantages of Trade Mark Registration

A trade mark generally can be a name or a word or numbers or symbol or a device or a shape of goods or packaging or combination of colours which is being used to identify and distinguish ones goods from those of others.  

It is to be mentioned here that, on the principle of trade mark law the registration of a trade mark is not mandatory but helpful when there is any legally proceedings against any kind of disputes on trademark. Trade mark ownership or legal action against trademark infringement. For a registered trade mark, these are the following benefits:

·         Protects the hard earned goodwill in the business of the proprietor
·         Provides an  right to use the trademark in relation to the goods and services
·         Provides the power to assign/license/transfer the trademark to other for royalty
·         Helps to get legal relief and damages after infringement or misuse of trademark

Registration enables the registered proprietor to sue for infringement of registered trade mark irrespective of the fact whether it is used or not used. Registration confers on the proprietor a monopoly right over the use of the mark. But, proprietary rights in a trade mark acquired by use are superior to rights obtained by registration under the Act.

In practice there is a colossal difference between the protection available to a registered trade mark and an unregistered trade mark.   Following are the benefits available to the registered trademarks:

·         Securing exclusivity
·         Protects the hard earned goodwill in market
·         Geographical coverage
·         Deterring and preventing others
·         Protecting yourself from infringement claim
·         Controlling the use of your brand by others
·         Securing the cooperation of third parties
·         Automatic right to sue before court of law
·         Legal ability to recover damages

Lastly, one of the very important issue is burden of proof – in case of a registered trademark the burden of proof (i.e. whether there lies a infringement or not) would be on the infringer and the owner of the trade mark.  

By: Casurina Chatterjee