What Is a Trademark?
Intellectual property includes trademarks. Visual representations of words, symbols, labels, numismatic characters, designs, or a combination of these things distinguish your products and services from an opponent’s. A third party has the right to protect it under Intellectual Property Rights (IPR).
A trademark is used
- To legally protect your brand from fraudsters.
- To establish recognition in the market
- To differentiate your goods and services from that of your competitors
Registered vs Unregistered Trademark
Once you start using a trademark for your goods or services, you become the owner of that trademark. In other words, trademark owners are entitled to establish their rights by using their trademarks. It is important to note that such rights are limited and only cover certain geographical areas. Apply trademark online might give you stronger, nationwide rights.
To let your customers know that you claim a trademark as your own, you can use a symbol. Even if unregistered, you can use your trademark with the symbol “TM”. A Registered trademark owner can use the symbol “®” to let their stakeholders know about the registration of their trademark.
Registering a trademark makes it an untouchable asset or intellectual property for a business. It safeguards the company’s ideogram or brand.
Rights of an Unregistered Trademark Owner
The owner of an unregistered trademark can prevent any third party from using a deceptively identical trademark. Such unauthorised use by rivals results in passing-off. The proceedings for an unregistered trademark infringement can be initiated under the trademark registration in india
The proprietor must be able to prove the infringement by establishing the following important factors to bring an action against the pass-off:
- The trademark owner’s acquired goodwill in the market
- Misrepresentation of the defendant’s act
- The loss suffered by the owner or likely to be suffered by the owner
Rights of a Registered Trademark Owner
It is not mandatory to register your trademark. However, registering it provides broader rights as compared to the rights of an unregistered trademark. Trademark registration is a cumbersome process. But once registered, it leaves with the owner certain valuable rights. Let us list them out.
1. The Right to Exclusive Use
Exclusive right to use the trademark concerning the products and goods for which it was registered, under some conditions. If there are more than one proprietors in whose name the trademark is registered, each of them will have the same right against other unregistered users
2. The Right to Statutory Remedy for Any Infringement
As the owner has exclusive rights over the registered trademark, he/she can seek legal solutions to any sort of infringement of their registered trademark, in a manner prescribed by law.
3. Right to Assign
A registered trademark owner has the right to transfer ownership by the way of license or assignment. They can provide effectual receipts for such assignments.
4. Right to Register Correction
The owner of a registered trademark can apply for correction of the register with regards to the name, address, or description of the registered proprietor. He has the right to even cancel out any entry of trademark on the register, or strike out any class of goods and services from the register