Trademark

Misconceptions Relating To Trademark Registration in India

calendar04 Jan, 2021
timeReading Time: 5 Minutes
Misconceptions

In the current competitive world, it is necessary to be visible and make an impression. With similar millions of products available in the market, IP theft is common. Trademark registration is important, as it provides a stronger claim on the brand than the unregistered mark.

Companies engaged in any form of international trade should pay special attention to trademark rules, which may vary by country.

List of Trademark Misconceptions

List of Trademark Misconception

The below discussed are the exits numbers of Trademark registration misconceptions that establish hindrances in people’s minds for getting the trademark registration.

Trademark Registration is Not for Small Business. 

Many entrepreneurs have misconceptions that the process of Trademark Registration is only required for big brands, and if they own a small business, they do not need to do trademark registration. If they believe their business has potential, then it is better to go for TM security early. A slight delay can prove disastrous for their business and a blessing for their competitor.

Entrepreneurs do not understand the importance of claiming a user’s date in a trademark registration application. This protects their rights and makes the claim of prior use stronger. The sooner Mark is registered; the better will be the value in the market. Small business units also have a brand name associated with their product, which they need to protect. Protection of the brand name is important for small businesses and large business units to maintain their uniqueness.

Registered Company Name don’t need a Trademark Registration

Many entrepreneurs have misconceptions that the process of Trademark Registration Company name registration both are the same aspects. Company registration can only prohibit others from doing business under the same name. While a trademark protects the product and service to which it is applied. The company name is the name of the organization that is compulsorily registered when incorporating a company. In comparison, a trademark is a brand name under the company associated with its products and services of the company. 

For Example, Hindustan Unilever Limited is the company name while it has many brand names under it, including dove, Lux, Liril, Surf Excel, etc.

Trademark Registration is Expensive Process.

Many entrepreneurs have misconceptions that the process of Trademark Registration is very costly. There is a specific amount of money that is very low for getting the Trademark registration. When the name chosen by them is unique there are no objections involved which make the procedure simple and cheap.

Thus, they can reduce the trademark registration cost by choosing a unique name.  So investing in brand trademark registration is a better call than losing their brand to a competitor.

The Entrepreneurs Searched Brand Name on IP India Official Website, and no one has my Identical Mark, so they can Avail that Mark

Many people who do not possess professional knowledge feel that the name is unique. They have searched on the official website of IP India, and no similar brand name exists. One should not forget that many brand owners have not got their marks registered. Registry search only compares registered brands. Therefore it is wrong to depend on it 100%.

Secondly, the registry will compare digits based on the fact that they are similar. Still, it checks whether they are phonetically similar or have similar insights, meanings, commercial effects, etc.

However, the real thing is that to obtain a trademark registration and one must search to look at the trademark database, which contains all the details of the trademark brand, applied, accepted, rejected, etc.

The Entrepreneurs’ can claim Trademarked Rights Globally.  

Trademark registration is geographical. To claim comprehensive rights globally, a person must first file a national trademark application and then choose for a single application under the International Trademark Registration under the Madrid Protocol. An international trademark cannot be applied for without being registered in the country of origin.

The Entrepreneurs Mark Is Not Registered So They Don’t Have Any Rights.

It is also one of the common trademark misconceptions that people have. Registration has its ups and downs, but unregistered marks are also has rights based on their use.

As soon as the mark is in commercial use connected with commercial advertising or sales, it acquires rights under common law trademark rights. Wherever the brand is in commercial use, only the user rights will be limited to that geographical area, and it is difficult to claim the rights as the burden of proof is high.

Brand Name should Involved and Reflect the Products and Services it Provides

Another trademark misconceptions adhered by many companies that they must reflect the services or products they deal with. However, it is prevalent in a company name registration. When it comes to trademark registration, a specific, distinguishing mark is sufficient. Adding details about the product makes the mark descriptive and is not sufficient for safety. To take advantage of the protection under the trademark, the mark must be specific. TM’s main objective is to create brand recognition; “Apple” is superior to “Apple phones and electronics”.

The Entrepreneurs Can Easily Claim Damages In Case Of Infringement.

In the case of trademark infringement it is possible to claim damages, but it demands time, money and investment. The plaintiff is required to provide concrete evidence that the infringement has actually occurred.

For example, if you have filed a case for infringement against a brand that has copied your mark. However, they are unable to provide a valid proof of use and have proof of prior use; they may simply lose authority on their own mark. Therefore, it is important to have a strategy that saves them well.

Someone Has Copied The Trademark, But The Entrepreneurs Can’t Afford To Litigate. Hence There Are No Other Options Available.

The overwhelming majority of trademark issues and disputes are resolved without going into litigation. Other proposals may include a demand letter (cease) and restrictions on the use of the name or demand for criteria, or several other options.

Trademark Protection only covers the Use of Business Logo

A corporate logo that immediately resonates with consumers will qualify for trademark protection in any jurisdiction that recognizes trademark rights. Nevertheless, this is not the only type of mark that can be registered. A few dozen countries have also accepted word marks that claim certain words or phrases without specifying any particular font, color, or design elements. Such marks can be used to protect a specific product line in company names or various advertising materials.

Once the Entrepreneur has Registered the Mark, it is Protected Forever

Apart from the fact that many countries require trademark owners to pay fees to maintain their trademark rights after registration, there are several ways that a mark may be lost if an owner is not careful. In addition, the loss of trademark rights in India can be negatively affected elsewhere, particularly for trademark applications filed under the Madrid Protocol.

If a registrar loses trademark rights in their country during the first 5 years after the date of international registration, those rights may be forfeited in other countries covered by the Madrid Protocol application[1].

The Entrepreneur can use the “® “on their Product Packaging wherever their Trademark Is Registered

While the ® symbol is widely used to indicate that a particular trademark has been registered, there are different criteria for product marking accepted by different countries in which you work.

Conclusion  

Put an end to every trademark misconceptions that is stopping entrepreneurs from getting their business trademarked. Get guidance and proper knowledge from professionals who have a niche in IP matter. You can refer to blogs by Corpbiz or many other resources available online. Do your researches, learn the process, and don’t hesitate to contact a legal professional for assistance. The more entrepreneurs will know about the misconception relating to trademark business in India , the safer their business will be.

Read our article: Simplified Instructions to the Trademark Search Process

Request a Call Back

Are you human? : 4 + 2 =

Easy Payment Options Available No Spam. No Sharing. 100% Confidentiality