Advantages of Trademark Registration in India

  • November 18, 2023
  • Dushyant Sharma
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In a market full of brands, creating a unique brand is a must, so that customers will remember it. The companies want to stand out and customers look for branded quality products. The solution to this is trademark registration. With the help of it, you can secure your brand name, logo, design, colour or anything that you want. And, the customers will get a recognised brand where they come back for better quality products. 

 

For this registering a trademark is important but before that doing some research about the trademark is very important. Search about types of trademarks, their advantages, the process of the application, and many more. In this article, we helped you by sharing the advantages in detail and you can check the process of finding a perfect trademark through our other blog.

Legal Protection

The primary advantage of trademark registration in India is that it provides legal protection to the brand. So, they can use the trademark on their products or services for ten years without the fear of infringement. If someone uses your trademark then you have strong legal protection under Section 29 of the Trademark Act. The trademark license is valid for ten years, and after that, you can again renew the trademark for more than ten years.

Exclusive Rights

You can use the trademark on any of your products or services after registering with the authority. The trademarks in India are registered by the Controller General of Patents, Designs and Trademarks (Office of the Registrar of Trademarks), Ministry of Industry and Commerce, Government of India). The registration provides exclusive rights to you to take legal action against the third party who uses your trademark in an unauthorised manner.

Nationwide Protection

At the start of the business, the location of it is limited to a certain place. But with time, as the business grows you can use the trademark nationwide, even if the business is limited to a particular region at the start. For instance: the Parle-G factory was first established in 1929 in Vile Parle, and after that, they expanded it to other cities. So, a registered trademark helps them use their trademark across the country.

Enhanced Remedies

In case of trademark infringement, the registered owner of the trademark will get the greater legal damages and remedies. For damage, they can get monetary damages, attorney fees, or other remedies that are not available to the owner of the unregistered trademark. 

 

However, in case of a legal dispute, the registered person has a trademark license as proof to show the validity of the mark. Section 31 of the Trademark Act gives recognition to the trademark rights, which reduces the burden of proof from the owner of the mark. 

Builds Brand Value

The company with the registered trademark became popular among customers with time. This helps the brand to create trust in the customers. The quality of products and a recognised brand will help the buyers to opt for your brand regularly. This can be understood with an example: for grocery shopping, the first brand that came to our mind is DMart and for chocolate, the brand we imagine is Cadbury in the purple colour packaging. So, these brands create loyal customers with time and they come back for quality products. 

Use of ® Symbol

After the registration of the mark, the businesses can use the symbol ® on their product to show the customer that the government authorises their product. Also, it clears all the tests regarding the quality of the products. By using the logo, the customers connect their trust with the brand and their products. For example: if we think of pizza then the first brand that came to our mind is Domino's or Pizza Hut. It is because of the unique branding, packing and logo of the company and its targeted segment in food.

 

However, under the trademark, there are two other symbols as well that show that the product is protected. These symbols are trademark symbol [™], and copyright © symbol. 

International Protection

To secure a trademark in the international market it is necessary to protect your trademark through registration. The Madrid system is an effective and cost-efficient solution to protect your trademark worldwide. Through a single application, you will get protection upto 130 countries. This is a centralised system to renew or expand your global trademark portfolio.

Make Trademark an Asset

A trademark is an intellectual property of the company, which means it is an asset. This is an asset to the brand as it enhances the overall value and marketability. Also, the proprietor can sell, assign, franchise, or other commercial purposes, as it generates additional revenue streams and strengthens the brand position in the market. So it is an asset to the business.

Conclusion

In conclusion, the registration of a trademark helps the brand to secure it and use it for different purposes. Also, this provides rights to you to use it in the national or international markets. If in case, someone uses the trademark in an unauthorized way, then you have a right to file a case and get different remedies. By understanding the benefits, you can leverage the advantages of trademark registration and create a strong brand presence for the long term. If you want to register a trademark, then reach out to Registrationwala, we help you from applying to finally obtaining a trademark license


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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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