Author: sandm

In the Indian Union, the brand (trademark) rights arise from use as a trademark. There are many benefits to having a brand registered with the India. Trade mark registration is probably the most important part of a company’s protection of intellectual property. Without trademark registration, a company relies solely on the common laws in the geographical area in which it uses the trademark. More importantly, without registration, a latecomer may register a mark identical or similar to the trademark of the company. This recording by another user may block the expansion of the company’s use of its mark in other areas or may block subsequent attempt of the company to register its trademark. This is definitely a tough pill to swallow for the company could have avoided these problems with early registration. If the company had recorded a message before the other user, the RTM refused to another or confusingly similar marks. In addition, the company would still have superior rights to the latecomer, and would not be blocked in its expansion plans.

There are many benefits of registering a trade mark in the indian business context. Find some of the benefits listed below.

Trade mark registration gives constructive notice of the registration and defeats an allegation that an infringer did not know the brand of the company has been registered;

The trademark registration establishes jurisdiction to file an action for trademark infringement against the applicant for business;

Trade mark registration may serve as a basis for an award of damages;

The trademark registration establishes the presumptive right of the trademark owner to use the mark throughout the country;

The right to presumption may become incontestable with the use of the mark within five years and one month;

Other companies that search by brand before adopting a trademark would most likely not take a brand about the same or similar to the trademark of the company;

An inscription on the register of trademarks may be the basis for the seizure of counterfeit or infringing goods and Contact Signs and Marks for registering your trademark in Kerala, India. We are offering trademark services both in our trivandrum office as well as in Cochin office.