What is Trademark Registration?
A trademark is that the name of one’s brand or may be a service mark. Before discussing the advantages, we have to know what is trademark and its characteristics.
This includes any word, any name, any symbol or any device used or intended to be accustomed identify and distinguish the products or services an individual seller or provider from those of others so on indicate the one that has manufactured the products or rendered any kind of services.
For example persons who are in trade and have a flourishing business put a mark or insignia on their products do on make the general public responsive to the genuiness of the merchandise which an equivalent has been manufactured by the said company. If an individual wants to get the products manufactured by such an individual he will have just need to see the trademark registration in Coimbatore of the said company and make the acquisition.
The company thus does its trade under the said mark which is understood because the trademark of ……. Company or person.
When an individual or a company registers their Mark with the govt. agency then that’s referred to as a registered trademark.
The advantage of getting the trademark region is that no other person individual or an organization can affix the said mark on their products. Registration of the trademark thus deters duplicasy of the products of the first manufacturer.
Persons can manufacture similar products but can’t affix the trademark of another which has been registered.
A person who copies another’s trademark is susceptible to face action as per prevailant laws of the country where the said offence has been committed or of the country during which the trademark has been registered.
Above is simply a quick view of what trademark or trademark registration in Chennai means. For details you’ll undergo the law in respect of trademarks as applicable in your country of residence.
Advantages of Trademark Registration
Trademark registration gives the proprietor the moral right to exclusive use of the mark in respect of the products or services covered by it. Possibly the foremost important reason for registration of a trademark is that the powerful remedies against unauthorized use. A trademark registration allows the proprietor to sue for infringement and to get very powerful remedies like interdict, delivery up infringing articles and damages. At an equivalent time, the trademark infringement provisions don’t preclude an individual.
Hypothecation / security
A registered trademark are often hypothecated as security, meaning that a registered trademark are often pledged as security to secure loan facilities much an equivalent way as immovable property are often bonded.
A very important reason for registration is to make the trademark as an identifiable intangible property within the legal sense. Trademark registration may be a value store or receptacle of the worth attaching to the reputation or goodwill that the goods enjoys.
A common law trademark attaches to the goodwill and, generally speaking, the goodwill isn’t severable from the business in its entirety. This has the sensible effect that an unregistered trademark will never have a separate and independent existence. It’ll always form a part of the goodwill and it’ll always be attached to the business. The sole way during which to accumulate a standard law trademark is to accumulate the business as a going concern. Trademark registration, against this, are often transferred like all other asset owned by an individual or a corporation.
A registered trademark is often licensed. A trademark licence is often recorded on the trademark register, giving the licensee rights to institute legal proceedings within the event of infringement.
A registered trademark is often transferred. An equivalent isn’t possible for a standard law trademark, which may only be transferred with the business.
Trademark registration deters other traders from using trademarks that are similar or just like yours in reference to goods and services like yours. By using the ® symbol, you put others on notice of your rights. Moreover, a registered mark is often found when others search the official register before choosing to commence employing a particular name.
Use in proceedings
A trademark registration is clear evidence of validity of the registration and therefore the rights conveyed by registration. In legal proceedings concerning a registered trademarks the very fact that an individual is registered because the proprietor of the trademark is evidence of the validity of the first registration of the trademark, unless the contrary is proved.
The moral right to use the symbol ® or “R” or word registered
Once the trademarks is registered the symbol ® or “R” or word “Registered” could also be used for the products and services listed within the registration.
A registered mark is often used as a basis to get registration in some foreign countries, facilitating protection of the brand worldwide because the business expands.
Counterfeit Goods Act 1997
A registered trademark empowers customs authorities at South African ports of entries to stop the importation of counterfeit foreign goods. The Counterfeit Goods Act 1997 (CGA) affords the proprietor of an property right or anybody with an interest in goods bearing or representing such rights, to require civil or criminal action against an individual or company that’s involved in counterfeiting.
Disadvantages of the Trademark
Trademark registration is valid for a period of 10 years and wishes to renew after every 10 years. The most disadvantage of trademark registration is that you simply need to pay fees in every 10 years so as to take care of it. Non-payment of renewal fees may cause the removal of the trademark from the register.
In terms of providing the protection to the products or services, trademark registration is that the weakest property rights amongst patents, copyright protection. Trademark doesn’t protect the products always; it protects the just marketing concepts. Therefore, a trademark should go along side another property rights being the weakest protection.
There are many disadvantages of choosing a descriptive trademark. Generic and descriptive trademarks aren’t qualifying for registration with the registrar. Usually, descriptive trademarks are considered as weak marks because they are doing not acquire distinctiveness.
If you registered a descriptive trademark, you want to have a allow marketing and advertisement also so as to create an association in customer’s mind with the trademark to accumulate the distinctiveness.
We “Solubilis Corporate Services” are the leading Trademark Attorney and Patent Attorney in India and providing Trademark registration services in Chennai, Bangalore, Hyderabad, Cochin, Coimbatore, Salem, Madurai, Karur, Erode, Trichy and Tirupur. Did you find this blog post helpful? If so, whom could share it with?… Thanks for reading!!!