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
