What Rights Does a Trademark Owner Have?
Having a trademark offers protection for your company’s concepts, products, or services. A complete list of rights granted to owners of both registered and unregistered trademarks is provided in this article.
What Is a Trademark?
A trademark is a form of intellectual property. What sets apart your goods or services from those of your clients is a visual depiction of a word, symbol, label, alphanumeric character, design, or combination of these things. Intellectual property rights are in place to safeguard it (IPR).
A trademark is used:
- To legally defend your brand from fraud.
- To get recognizable in the market.
- To set your products and services apart from those of your rivals.
Trademarks: Registered vs. Unregistered
As soon as you start using a trademark to identify your products and services, you can claim ownership of the trademark. In other words, the use of a trademark establishes the owner’s rights.
Such rights, however, are circumscribed and only apply to the specific geographic region in which the products and services are rendered.
You could choose to apply for trademark registration online to gain more strong national rights over your brand.
You can use a symbol to indicate to your customers that a trademark is yours. You may use your trademark with the sign “TM” even if it is not registered.
A registered trademark owner may use the symbol “®” to inform interested parties that their trademark has been registered.
When a trademark is registered, it becomes an inviolable piece of intellectual property for the company. It protects the logo or trademark of the business.
Unregistered Trademark Owner’s Rights
Any third party that uses a trademark that is confusingly similar to one that is owned by the owner is prohibited from doing so. Pass-off results from such unauthorised use by competitors.
Under the Common Law Right, legal action for an unregistered trademark infringement may be taken.
To file a lawsuit against the pass-off, the owner must be able to establish the following crucial elements that constitute the infringement:
- 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 an Owner of a Registered Trademark
Your trademark registration is not required. In contrast to unregistered trademark rights, registration grants broader rights. The process of registering a trademark is difficult.
However, after registration, several important rights remain with the owner. Let’s make a list of them.
- The Right to Exclusive Use
Under some circumstances, the sole right to use the trademark in relation to the goods and products for which it was registered.
If a trademark is registered under the names of many proprietors, each of them will have the same rights as other unregistered users.
- The Right to Statutory Remedy for Any Infringement
Due to the owner’s exclusive rights over the registered trademark, they are able to take legal action in accordance with the law in response to any registered trademark infringement.
- Right to Assign
A registered trademark owner has the authority to assign or licence their ownership. They are able to offer useful receipts for these assignments.
- Right to Register Correction
Any corrections to the name, address, or description of the registered proprietor may be requested by the owner of a registered trademark. He has the authority to remove any class of goods and services from the register as well as to cancel any trademark entry that has been made.
Do you Need A Company To Have A Trademark?
Although there is no absolute requirement, it is advised to register your trademark as soon as possible.
The fundamental benefit is that, in cases of trademark infringement litigation, courts frequently side with the entity that first began using the mark.
The owners might apply for joint trademark registration before forming the Company. Additionally, this would lessen the possibility of trademark infringement.
Under the Trademarks Act, any person claiming to be the proprietor of a trademark or intends to use him can apply for trademark registration online.
This has to be done in the prescribed manner (mentioned below), for the registration of his trademark.
Thus, an application for registration can be made by an individual, a company, a body of persons, a partnership firm, a PSU, a government company etc.
How can a business register a trademark in India?
- Information to include in your application
A business may submit an application for the registration of a trademark under its own name. The trademark application must specify the type of registration, the nation of incorporation, and the legal framework for the company’s registration. The director may sign and submit the application after receiving permission.
- Performing a firm name trademark search
A quick similarity check can be done before deciding on a trademark name or logo. Additionally, Vakilsearch offers free trademark search services.
This can aid in your trademark application preparation and help you stay ahead of the process.
- Specifying the correct classification of goods
The business should define the items and/or services for which registration is sought in words found in the International Classification, which the Registrar has published on the Trade Marks website.
A wrong classification might cause delays and necessitate multiple corrective submissions. Thus, this is an important action.
- Supporting documentation submission
This entails submitting both colour and monochrome copies of your trademark. additional paperwork, including a power of attorney and evidence of application fee payment.
Additionally, the practical specifics of mark usage might be necessary.
