Importance of trademark registration in India
Date : 16 Sep, 2020
Post By Advocate Dushyant Tiwari
When we talk about the importance of trademark registration, a very popular case that of Paytm and PayPal comes to mind. This trademark infringement matter showcases clearly the importance of trademark registration. In 2016, PayPal accused PayTm of copying its logo to attract more customers. PayPal in the complaint accused PayTm of using the same colour tone for its logo along with the first initial dark blue in colour and the second syllable light blue in colour. Further, it stated that due to the first word of the logo is same for both, it causes a lot of confusion in the mind of customers. This case of violation of Trademark Registration rules and misuse of a registered trademark by PayTm gives a clear lesson to all startups who wish to overshadow its competitors with a resourceful idea. These few pointers could help you in gaining superiority and distinctiveness from your competitors and build a stronghold for your business in the market: Trademark search is an important step. When going through the process of a company formation, always do a trademark search and this trademark search should begin before the company name goes for approval. It is important to get your brand name registered in today’s competitive market through the trademark application process to safeguard your organization from any legal concerns at a later stage. A practising company secretary or a lawyer dealing in patents could be your best bet to file for a Trademark Registration application as they would understand all legal implications and help to safeguard your organization to the best of their capabilities. In India, trademarks registration takes place under the Trademark Act 1999. The registration process is divided into different categories depending upon the nature of the business and their day to day dealings. There are a total of 45 classes for various products and services and a CS or a patents attorney can guide you the best as to which all categories your business may fall into so that you are completely covered for a minimum of 10 years. Once a trademark is registered, it remains valid for a minimum of 10 years, after which, the organization must reapply for the same. A trademark not only legally protects your organization against fake organizations and fraudulent products, but also, makes your product easily identifiable amongst various different brands. It creates a sort of an intangible asset for its owner which could also be sold if need be. Another trademark infringement case, Kent vs Kentech where Kentech RO Systems and their domain name is said to be infringed upon the trademark KENT, serves as an eye-opener to all those who wish to grow in the market by choosing to copy the name of an existing brand or existing company. With a registered trademark in place, the owner is lawfully supported should there be a case of an infringement of the trademark. However, the owner of a common-law trademark is also allowed to file a suit, but an unregistered trademark can only be protected within the geographical area where it has been used and this makes expansion difficult. Consult an IPR lawyer today to know more about Trademarks, Copyrights and Patents and their infringement by another business. The author of this blog is Advocate Dushyant Tiwari having an experience of 5+ years in handling Trademark related matters from his experience he wants to share this beneficial information for the individuals having any issues with respect to Trademark related matters.
