trademark registration and its priority in india

18
TRADEMARK REGISTRATION AND ITS PRIORITY IN INDIA Trademark registration in India is one of the important things that can dramatically help in leveraging your business.

Upload: jitendragroup

Post on 30-Dec-2015

25 views

Category:

Documents


3 download

DESCRIPTION

Trademark registration in India is one of the important things that can dramatically help in leveraging your business. - PowerPoint PPT Presentation

TRANSCRIPT

Page 1: Trademark Registration and its Priority in India

TRADEMARK REGISTRATION AND ITS PRIORITY

IN INDIA

Trademark registration in India is one of the important things

that can dramatically help in leveraging your business.

Page 2: Trademark Registration and its Priority in India

The trademark distinguishes the goods of a certain trader or

manufacturer from other similar goods and thus, the purpose of

trademark is to protect the interest of both the trader and consumers.

Trademark may consist of a device that depicts the image of human

beings, animals, letters, words, signature, numerals or any combination

of these.

Since the trademark indicates the relationship in the trading process

between goods and the trader, trademark acts as an important medium

of advertisement for goods and their quality. The aim of the trademark

law is to allow an enterprise through registering its trademark to get the

exclusive rights to use, assign or share a mark. Closely related to the

trademarks are the service marks that distinguish an enterprise’s

services from that of other enterprises.

Page 3: Trademark Registration and its Priority in India

TRADEMARK CAN HELP INAUGURATE YOUR

BRAND NAME

Trademark can help consumers in distinguishing your

services and products from those of your rivals.

Trademark also serves as an indication of the quality of your

services and products.

When you establish a brand and earn goodwill, this is

supported when you register your trademark.

Trademark will also let you use the name Branded Goods

that can further add value to your product.

Page 4: Trademark Registration and its Priority in India

Advertising your product will reach more easily when your

product comes with an attractive trademark.

The trademark can serve as the most effective commercial

tool that can establish your product’s identity.

Through product registration, you can expect that this will

significantly increase your brand’s value to all potential

purchasers and thus, any buyer of your business is more

likely to pay even more for the goodwill being built.

Page 5: Trademark Registration and its Priority in India

TRADEMARK WILL SERVE AS YOUR BUSINESS

ASSET

Trademarks are among the very few assets which can offer

a long term advantage over your competitors.

Trademark is the only asset of your business that can get

more appreciated in its value over time.

Trademark can provide more value beyond the core of your

business and paves way for business expansion.

Page 6: Trademark Registration and its Priority in India

TRADEMARK IS YOUR BEST COMMUNICATION

TOOL

Trademark can help register the product amongconsumers that can help them in differentiating andselecting their desire product.

Trademark can easily wrap several technical issues inone logo including:

Company

Reputation

Services and products

Consumers’ need

Trademarks can work across borders, language andculture.

Page 7: Trademark Registration and its Priority in India

TRADEMARK CAN INCREASE YOUR SALES

VOLUME

Your business trademark can help you discover theessential differences among the competing products.

The brand can serve as a crucial factor for dragging theattention of consumers.

Page 8: Trademark Registration and its Priority in India

TRADEMARKS ARE INEXPENSIVE TO PROTECT

Following a successful trademark registration, it can

already have an infinite lifespan by only renewing this

once in ten years, with the expenses lesser as

compared to the rest of intellectual properties.

The trademarks are usually top of the mind address for

internet users that can help consumers easily identify

your product.

Trademark can give the consumers the capacity of

protecting themselves through relying only on the

known brands of services and products.

Page 9: Trademark Registration and its Priority in India

Trademark can also assure you as the owner as this

will help you protect your own product from your

competitors even despite their similarities. You can

protect your trademark through taking the necessary

legal actions against your rivals should they try

infringing your own trademark. The moment a company

undergoes trademark registration, it will get the

exclusive right for using the trademark nationwide and

for every product listed under the registration.

Page 10: Trademark Registration and its Priority in India

Trademark serves as the prima facie evidence of its

validity following registration and this can give you the

exclusive right as the owner for using your trademark in

commerce. Trademark registration can prevent other

people or companies from using your trademark and

this is the reason why trademark registration is a big

must. In case someone tries to infringe your trademark,

you can legally fight back only when your trademark

has been registered.

Page 11: Trademark Registration and its Priority in India

STARK DIFFERENCE BETWEEN UNREGISTERED

AND REGISTERED TRADEMARKS

The primary difference between protections available for the

registered trademarks and the unregistered trademarks is

that the former serves as a statutory remedy while the latter

is a common law remedy. For establishing infringement

when it comes to registered trademark, it is important to

establish that the infringing mark is similar or deceptively

similar to the trademark that has been registered and no

other proof is needed. The unregistered trademark may

acquire protection where the services and goods have an

extremely significant position in the market for the sales in

that specific class of services and goods. Such trademarks

are being used during the process of trade which is popular

to the public in India.

Page 12: Trademark Registration and its Priority in India

UNREGISTERED TRADEMARKS MAY DENT YOUR

BRAND REPUTATION There are many benefits that you can experience when you

register a trademark and use the services of a reliable

trademark registration and protection services provider.

Registering your trademark can heighten the protection that

it receives, deterring others from using your own trademark

and increasing the remedies in the even that someone

disobeys upon the trademark.

Trademark registration is probably the most important aspect

of the intellectual property protection program of any

company. With no trademark registration, your company will

solely rely on the common law rights within the geographic

area where it makes use of the trademark.

Page 13: Trademark Registration and its Priority in India

Most notably, without a trademark registration, latecomers

might register a mark similar or identical to the mark of

another company. This registration done by a different user

may hinder the development of the trademark use of a

company in other aspects or block the latter attempt of a

company to get a trademark registration.

This is definitely a hard pill to swallow for companies that

could have avoided such issues with an early trademark

registration. If the company has registered before the other

user, the respective authorities would have denied the same

or confusingly similar trademark of the other company. Aside

from that, the company would have the rights greater

compared to the latecomer and will never have hindrances

with its expansion plans.

Page 15: Trademark Registration and its Priority in India

ARTICLE SOURCES

https://www.linkedin.com/pulse/trademark-

registration-its-importance-india-naveen-kumar-n

Page 16: Trademark Registration and its Priority in India

FOLLOW US

Follow Our Blog for helpful tips, Services and all Information Provide for

Business Setup in Dubai, Trademark Registration in UAE, Accounting

Services in UAE, Company Formation in Jebel Ali Free Zone , Offshore

Company Incorporation UAE , Company incorporation in SAIF Zone etc.

Visit Our Blog: http://jitendragroup.blogspot.in/

Page 17: Trademark Registration and its Priority in India

CALL US TODAY

CONTACT US

Tel: 971 4 3438022

971 4 8810790

971 6 5746324

Fax: 971 4 3438033

971 4 8810791

971 6 5746325

Head Office Dubai:Suite # 3006,

30th Floor, Al Attar Tower (Near DIFC)

Sheikh Zayed Road, P.O. Box 43630

Dubai, United Arab Emirates

Hamriyah Free Zone :E-LOB Office

No. E2-115F-40, Hamriyah Free

Zone,

P.O. Box 49124, Sharjah, United Arab

Emirates

Jebel Ali Office :Office No. 27, Lob 2,

P.O. Box 262053

Jebel Ali, Dubai, United Arab Emirates

Page 18: Trademark Registration and its Priority in India