INTRODUCTION AND BACKGROUND
In today’s intensely competitive market, it’s critical for corporations, organisations, conglomerates, and start-ups to recognize and appreciate the value of trademark registration in order to grow their companies. A trademark is an exclusive type of Intellectual Property (IP) that distinguishes one manufacturer’s, company owner’s, or trade person’s goods or services from those of others. The main aim of a trademark is to protect not just the rights of the owners or traders, but also the interests of the users. A tardemark aids in the sale and promotion of goods and services, as well as providing knowledge on the quality of such products and services.
It also allows a company or entity to obtain Trademark Rights to use, sell, or distribute a registered trademark. With trademark registration, you can take advantage of all these advantages while also ensuring that your future buyers recognize your brand through the Registered Trademark of its name or logo. The Trademark Act of 1999 establishes a regulatory framework for regulating and dealing with trademark registration and protection in India. Based on the essence of the company and the operations it manages or operates, trademark registration is divided into many divisions.
KEY TAKEAWAYS OF TRADEMARK REGISTRATION
1. With trademark registration, a name, brand, or company may achieve a high level of exclusivity. Customers and target audiences must therefore be able to distinguish the goods and services from those sold by your rivals in the industry.
2. When a company or corporation has a trademark, the prestige of its goods and services rises dramatically and naturally. Furthermore, using a registered trademark to advertise, endorse, or sell a name becomes comparatively simpler. Finally, a trademark, being the most lucrative feature, has enormous potential for increasing a product’s total market value.
3. It is important to have your trademark licensed in order to gain a marketing advantage and an advantage over your future competitors. A trademark adds to the appeal of a company and raises brand recognition as a key business feature.
4. It is important for a corporation or association to file a trademark and show possession of trademark rights in order to protect the brand’s entity or identity. When a trademark is registered, the owner has exclusive rights to use, sell, distribute, license, or change the product in some way.
5. When a trademark is successfully licensed, it will be protected for up to a lifetime, including a ten-year renewal period.
6. A trademark is the perfect medium for communication because it provides specific and accurate knowledge about a company’s goods and services while still projecting a positive image.
7. A registered trademark makes it easier for internet users to differentiate from a vast range of products and services and find the one that is most important to them. Many search engines, such as Google, and social media sites, such as Facebook and Instagram, will recognise trademarked brands in a matter of seconds. As a result, a company’s market image is enhanced on the Internet.
8. If his trademark rights are infringed, the owner of the registered trademark has the power to begin court action, file a claim against the violators, and even seek civil damages or restitution.
POINTS TO PONDER
There are 45 different grades, each of which corresponds to a different category of product or service. The Controller General of Patents, Designs, and Trademarks, as well as the Ministry of Commerce and Industry and the Government of India, oversee the trademark registration process. They keep track of all registered trademarks and keep a registry for each product and service. In India, trademark registrations are valid for ten years and are renewable every ten years.
IPSITA ROUT, 4TH YEAR, KIIT SCHOOL OF LAW, KIIT UNIVERSITY