Protection of Trademark in India | How Trademark is Protected?

  • June 01, 2022
  • Dushyant Sharma
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How trademark is protected in India is question that is asked by many. The answer can be both straight forward and confusing depending on who you ask. However, with trademark registration, you are granted this protection. The reason you seek for protection of Trademark in India forms the basis of how your trademark is protected.

When it comes down to it, the trademark protection has been put in place to make sure of the following matters:

  1. Your registered trademark is not infringed.
  2. You get the right to sue the infringer of your trademark for financial damages.

While these are the reasons as to why people even opt for trademark registration, the actual backbone of this job that is done by the organization is a lot more. With the power of protection, the owner of the mark is protected within the confines of the law and within that particular geographical region. To that end, throughout the course of this blog, we are going to look into what makes trademark protection such an intricate part of businesses in India and also the measures that are taken to protect the mark. Furthermore, we are also going to answer the question of what is the trademark department responsible for.

What are the measures for Trademark protection taken in India

There are several actions that are taken to protect the owner from trademark infringement. The most relevant among them are the following:

  1. Criminal proceeding: The owner of the mark can file a complaint against the infringer with the civil action act. This is one of the major steps that a trademark owner takes in order to stop the infringer from infringing.
  2. The civil action lawsuit: An owner can appeal to the court to file and injunction against an infringer. It is one of the more drastic steps that are taken in this regard. However, most of the times, it is the only option.
  3. Administrative notices: there are notices pertaining to trademark opposition that are filed against the infringer. This is done via the administrator of trademark registration.
  4. There are also border measures for this: In the cases where the case of trademark infringement is especially large scale, the central government is involved in the proceedings.
  5. International protection: If there is aspirant who wants their trademark to be protected in every country, they would have to apply for trademark registration in every country. (This endeavour is pretty large scale and requires especially intricate measures)

What does the trademark department?

Now that we have discussed the different ways that the trademarks are given protection, we can move on to the function of trademark department:

  1. It checks the application of registration submitted and examines each and every aspect of the application in a thorough manner.
  2. The entire matter of advertisement of trademark is the responsibility of this association.
  3. Any issue with trademark application leads to objection. This notice is delivered by the trademark department.
  4. The hearing process that might happen for trademark registration happens inside its venues.
  5. The entire matters of handling notices regarding the infringement is done via this administrative office.

Now, you have a brief peak into what is the job of the administration and the way of protection of the trademark. Now, we assume that you have lots of queries for this, feel free to comment and engage with us in order to develop a better understanding for trademark protection

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Dushyant Sharma
Author: Dushyant Sharma

Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.

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