According to the Trademarks Act, 1999 and other amendments a trade mark means a mark capable of being graphically represented and capable of create a difference to the goods or services of one person from those of others and may include shape of goods, colour combinations or their packaging.
What are Advantages of Having A Trademark?
Exclusive Rights:
The Registered Trademark’s owner enjoys exclusive right over the trademark. He/she can use the same for all the products.
Create trust:
Through the trademark, established quality of your product and services are known which establishes trust & goodwill among the customers in market. It is a mark of your product’s loyalty and quality.
Make Yourself Unique:
Trademark makes easy for customers to find your products. Customers can recognize through logo and other trademark tool; you trademark will communicate with the customers.
Identification to product’s Quality:
Your customer attach with you through the brand name, logo and other trademark tool. Your brand name helps in attracting new customer
Creation of Asset:
Trademark Registration creates an intangible asset. Registered trademark shows your right to your product which you can sold, assigned, franchised etc.
Protection Against Infringement:
Trademark will protect you from the infringement, no competitor or other person can use the brand identity registered by you under trademark. In case if anyone use without the owner’s approval then owner of trademark can get the legal protection under the Act and stop the person doing so.
Protection For 10 Years At Low Cost:
Trademark registration via online is done on a very low maintainability cost. You just need to pay once for registering the trademark and after that you just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient and assist your company to create unique image/brand.
In India, trademark act 1999, will state with several rules & regulations that will provide you complete justice in respect of trademark infringement. During the stage of examination and publication after the application has been published has kept for three to four weeks to check for opposition if any. In case of opposition or litigation, trademark owner needs to prove to what extend his or her company’s goodwill or reputation has been affected by the grant of the same. On other side, the granted business mark owner needs to prove his or her evidence and needs to prove clauses to prove unique and credential business mark.
Litigation can be opting by an individual or entity and any other to demand for the legal rights. Among the different acts and rules, trademark litigation is one of the most & highly acceptable litigation forms in this world of judicial contest.
Trademark infringement arises when one uses other’s trademark without the consent of the real owner. Trademark is the Intellectual Property (IP) and it should be protected in a legal manner that no other person can access it without the permission of the actual owner.
Trademark infringement refers the violation of the exclusive rights owned by the registered trademark owner as per the trademark registration rules and regulations. These days, there are numbers of trademark firms and legal firms are providing trademark infringement services to numerous trademark owners when such types of cases are arisen.
Litigation can be any type of sue against any of the malicious act. Under trademark infringement litigation, any of the copied act or misuse can be opposed by third party. If you observe that your reputation or goodwill will get effected or misuse by the granting of another similar trademark in that cases, you can file an application for the trademark infringement litigation India.