In many cases, we encounter new brands looking for unique names and designs for goods and services. Brand names, signs, symbols, or patterns are needed for food brands, hospitals, ice cream parlors, or shoe brands. ‘Trademarks’ are unique names, signs, or patterns that help identify a particular brand. We can recognize the brand by just looking at it, for example. Furthermore, these trademarks are protected by different laws, making them unusable by others. A trademark registration in India will give the business global recognition when we expand internationally and apply for trademarks in those countries. Global trademark registration are protected by 94 countries worldwide.
In India, global trademark registration offers several benefits
Every country where your product is sold, you grant exclusive rights to the company to use that trademark.
- Furthermore, it ensures that the corporation retains exclusive rights to one of its most valuable assets, which aids in combating counterfeiters.
- It is also possible to license a trademark globally, allowing you to capitalize on the popularity of your products. A brand owner should consider this an important value compared to registering their important trademarks for a small fee.
In addition, we will learn about Indian trademark registration procedures and exceptions.
Trademark history in India
In India, the Trademarks Registry was founded in 1940, and it now administers the Trademarks Act, 1999. As well as serving as a reference and information center, it facilitates trademark disputes in the country. In addition to registering trademarks across the nation, it improves trademark protection for goods and services, and prohibits fraudulent use of trademarks. Registration of trademarks that meet the Act and Rules is the Registry’s primary duty.
According to Section 2(ZB) of the Trademark Act 1999, a Trademark is a mark that can be used in commerce. It can include the shape of the goods, their packaging, and a combination of colors and it is capable of being represented graphically and distinguishing the goods or services of one person from those of others.
A trademark is an important component of any successful marketing plan because it identifies, advertises, and licenses a company’s products and services while separating them from those of competitors. A trademark is often the only way buyers can identify a company’s products and services in today’s increasingly computerized world. In addition to protecting a company’s goodwill, trademark protection prevents competitors from using similar distinguishing marks to market inferior or similar products or services. The loss, dilution, or infringement of a high-value trademark can be disastrous.
As with other intellectual property rights, trademarks are regarded differently in each country or jurisdiction. Each country/jurisdiction is responsible for recognizing and defending trademark rights in accordance with its policy objectives. While “international trademark rights” refer to a collection of trademark rights that apply to several countries/jurisdictions, their existence and enforcement are typically distinct for each country/jurisdiction.
International trademark registration requirements
- Applicants must be Indian citizens, Indian citizens with Indian domiciles, or have an effective place of business in India.
- In order to apply for an Indian trademark or to register a trademark with the Indian Trade Marks Registry, the applicant must have a national trademark application or a trademark registration. This national trademark application/registration will be the basis for the international application. Similarly, the international application should use the same trademark as the national trademark application or registration.
- As part of the international application, the applicant must select one or more other Madrid Protocol member nations in which he wishes to protect his trademark.
Any business brand, whether it is a commodity or a service, must have a trademark. Small businesses are identified as brands by trademarks. There is a concept of ‘global trademark registration’ which means that the trademark of country ‘A’ can also be registered in countries P, Q, and R due to the prevalence of business from the local to the national and international level. It does not require separate registrations for each country if they are participants in the Madrid protocol, which is a single channel for registering trademarks in many countries at the same time.
In addition to registering trademarks, these global registrations also provide exclusive rights and protection to trademark owners for trademark searches. Additionally, this improves international relations. To protect a brand name, you need to use your brand, monitor it, and deal with any infringements immediately.
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