Brand registration India – Introduction A company’s brand name is like a person’s reputation. In the business world, the brand name elevates an organization and its goods or services to the next level. In addition, the brand name serves as the business’s first point of contact with customers.
If a name carries that much weight, shouldn’t it be fiercely protected?
It is registered and designated as a “Trademark” for precisely this reason. The World Intellectual Property Organization (WIPO) defines a trademark as a sign that can distinguish one company’s goods or services from those of another.
Trademark Rights in India The Trademarks Act of 1999 guarantees trademark rights in India. After India signed the TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement, the Act was primarily enacted to fulfill India’s international obligations. In contrast to patents and other forms of intellectual property rights, trademark ownership in India is determined by who has used the mark for the longest time.
As a result, the concept of “first-to-use” replaces “first-to-file” when it comes to trademarks. Let’s say “XYZ Private Limited” has been using the brand name without registering it since 1995, but “ABC Private Limited” has filed for the trademark “ZOLA” in 2017.Regardless of whether the trademark “ZOLA” was registered, “XYZ Private Limited” would be the authorized user.
Legal Status of Unregistered Trademarks Trademark registration is not required. As a result, despite the fact that the trademark has not been registered, common law steps in and provides it with protection under tort law. As a result, common law prohibits the passing off of goods. The act of making false claims and harming another product or service’s reputation and goodwill is known as passing off. One party cannot unfairly benefit from another’s labor, according to basic law. It is the same thing when one party steals another’s goodwill and trademark.
A passing off suit typically involves the following considerations by the Court:
Whether the plaintiff’s goods or services are distinctive and the general public is aware of the brand name; whether the defendant has caused public confusion to the point where the defendant’s goods or services would be regarded as if they were the plaintiff’s; and whether the aggrieved party has been using the trademark for a significant amount of time.
Legal Status of Unregistered Trademarks Trademark registration is not required. As a result, despite the fact that the trademark has not been registered, common law steps in and provides it with protection under tort law. As a result, common law prohibits the passing off of goods. The act of making false claims and harming another product or service’s reputation and goodwill is known as passing off. One party cannot unfairly benefit from another’s labor, according to basic law. It is the same thing when one party steals another’s goodwill and trademark.
A passing off suit typically involves the following considerations by the Court:
Whether the plaintiff’s goods or services are distinctive and the general public is aware of the brand name; whether the defendant has caused public confusion to the point where the defendant’s goods or services would be regarded as if they were the plaintiff’s; and whether the aggrieved party has been using the trademark for a significant amount of time.
Protection of Well-Known Marks The Trademarks Act of 1999 protects trade names that are well-known to the general public. Based on its national and international reputation, a mark is thought to be well-known. The Act basically imposes severe penalties on trademark infringement. Additionally, it takes action whenever a comparable trademark is registered.
Protection of Registered Trademarks In India, registered trademarks are protected in multiple ways. Trademark specialists recommend that the trademark be registered for this reason. However, doing so is not required.
The 1999 Trademarks Act:
Gives the right applicant ownership of the trademark; provides statutory protection for the trademark against infringement; prevents others from illegitimately using a registered trademark; initiates an infringement lawsuit when necessary.
The plaintiff bears a heavier burden of proof here than it would have been in the case of registered trademarks, despite the fact that common law still provides protection for trademarks that have not been registered.
Registrability of Trademarks The purpose of a trademark is to set the brand’s products apart from those of other companies on the market. As a result, a trademark that seeks registration should be distinctive and able to be visually or graphically represented.
This includes the shape, colors—or combination of colors—of the product, as well as its packaging. For instance, the design of the Coca-Cola bottle is a trademark that has been registered.
For a trademark to be registered, it must be unique, but trademarks can also become distinctive over time. If a trademark is used in a way that makes it distinctive, it can still be registered even if it is not unique. This is evident in the name “Apple.”
A Trademark Cannot Be Registered for the Following Reasons:
The Registrar’s decision determines whether or not a trademark can be registered. A trademark’s registration can be denied for either absolute or relative reasons.
When a trademark is not unique or has the potential to confuse customers, it is rejected on absolute grounds. If the mark encourages obscenity or if it could hurt the religious feelings of any Indian class, it is rejected. An exhaustive list of the absolute grounds for trademark refusal is provided in Section 9 of the Act.
If a trademark is identical to an existing trademark or is misleadingly similar, it will be rejected on relative grounds. Additionally, if a trademark is likely to be prevented by any existing law, it may not be registered.
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