{"id":23394,"date":"2021-01-04T12:14:27","date_gmt":"2021-01-04T06:44:27","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=23394"},"modified":"2021-01-04T12:18:33","modified_gmt":"2021-01-04T06:48:33","slug":"misconceptions-relating-to-trademark-registration-in-india","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/misconceptions-relating-to-trademark-registration-in-india\/","title":{"rendered":"Misconceptions Relating To Trademark Registration in India"},"content":{"rendered":"\n

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<\/strong><\/a> is important, as it provides a stronger claim on the brand than the unregistered mark. <\/p>\n\n\n\n

Companies engaged in any form of international trade should pay special attention to trademark rules, which may vary by country. <\/p>\n\n\n\n

List of Trademark Misconceptions<\/h2>\n\n\n\n
\"List<\/figure><\/div>\n\n\n\n

The below discussed are the exits numbers of Trademark registration misconceptions that establish hindrances in people’s minds for getting the trademark registration.<\/p>\n\n\n\n

Trademark Registration is Not for Small\nBusiness. <\/h3>\n\n\n\n

Many entrepreneurs have misconceptions that the process of\u00a0Trademark Registration\u00a0is 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. <\/p>\n\n\n\n

Entrepreneurs do\nnot understand the importance of claiming a user’s date in a trademark\nregistration application. This protects their rights and makes the claim of\nprior use stronger. The sooner Mark is registered; the better will be the value\nin the market. Small business units also have a brand name associated with\ntheir product, which they need to protect. Protection of the brand name is\nimportant for small businesses and large business units to maintain their\nuniqueness.<\/p>\n\n\n\n

Registered Company Name don\u2019t need a Trademark\nRegistration<\/h3>\n\n\n\n

Many entrepreneurs have misconceptions that the process of\u00a0Trademark Registration\u00a0Company name registration both are the same aspects. Company registration<\/strong><\/a> 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.\u00a0<\/p>\n\n\n\n

For Example<\/strong>,\nHindustan Unilever Limited is the company name while it has many brand names\nunder it, including dove, Lux, Liril, Surf Excel, etc.<\/p>\n\n\n\n

Trademark Registration is Expensive Process.<\/h3>\n\n\n\n

Many entrepreneurs have misconceptions that the process of\u00a0Trademark Registration\u00a0is very costly.\u00a0There 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.<\/p>\n\n\n\n

Thus, they can\nreduce the trademark registration cost by choosing a unique name.  So\ninvesting in brand trademark registration is a better call than losing their\nbrand to a competitor.<\/p>\n\n\n\n

The Entrepreneurs Searched Brand Name on IP India\nOfficial Website, and no one has my Identical Mark, so they can Avail that Mark<\/h3>\n\n\n\n

Many people who\ndo not possess professional knowledge feel that the name is unique. They have\nsearched on the official website of IP India, and no similar brand name exists.\nOne should not forget that many brand owners have not got their marks\nregistered. Registry search only compares registered brands. Therefore it is\nwrong to depend on it 100%. <\/p>\n\n\n\n

Secondly, the\nregistry will compare digits based on the fact that they are similar. Still, it\nchecks whether they are phonetically similar or have similar insights,\nmeanings, commercial effects, etc.<\/p>\n\n\n\n

However, the\nreal thing is that to obtain a trademark registration and one must search to\nlook at the trademark database, which contains all the details of the trademark\nbrand, applied, accepted, rejected, etc.<\/p>\n\n\n\n

The Entrepreneurs\u2019 can claim Trademarked Rights\nGlobally.  <\/h3>\n\n\n\n

Trademark\nregistration is geographical. To claim comprehensive rights globally, a person\nmust first file a national trademark application and then choose for a single\napplication under the International Trademark Registration under the Madrid\nProtocol. An international trademark cannot be applied for without being\nregistered in the country of origin.<\/p>\n\n\n\n

The Entrepreneurs Mark Is Not Registered So They Don\u2019t\nHave Any Rights.<\/h3>\n\n\n\n

It is also one\nof the common trademark misconceptions that people have. Registration has its\nups and downs, but unregistered marks are also has rights based on their use. <\/p>\n\n\n\n

As soon as the\nmark is in commercial use connected with commercial advertising or sales, it\nacquires rights under common law trademark rights. Wherever the brand is in\ncommercial use, only the user rights will be limited to that geographical area,\nand it is difficult to claim the rights as the burden of proof is high.<\/p>\n\n\n\n

Brand Name should Involved and Reflect the\nProducts and Services it Provides<\/h3>\n\n\n\n

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”.<\/p>\n\n\n\n

The\nEntrepreneurs Can Easily Claim Damages In Case Of\nInfringement.<\/h3>\n\n\n\n

In the case of trademark infringement<\/strong><\/a> 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. <\/p>\n\n\n\n

For example, if\nyou have filed a case for infringement against a brand that has copied your\nmark. However, they are unable to provide a valid proof of use and have proof\nof prior use; they may simply lose authority on their own mark. Therefore, it\nis important to have a strategy that saves them well.<\/p>\n\n\n\n

Someone Has Copied The Trademark, But The Entrepreneurs Can\u2019t Afford To\nLitigate. Hence There Are No Other Options Available.<\/h3>\n\n\n\n

The overwhelming\nmajority of trademark issues and disputes are resolved without going into\nlitigation. Other proposals may include a demand letter (cease) and\nrestrictions on the use of the name or demand for criteria, or several other\noptions.<\/p>\n\n\n\n

Trademark Protection only covers the Use of Business Logo<\/strong><\/h3>\n\n\n\n

A corporate logo\nthat immediately resonates with consumers will qualify for trademark protection\nin any jurisdiction that recognizes trademark rights. Nevertheless, this is not\nthe only type of mark that can be registered. A few dozen countries have also\naccepted word marks that claim certain words or phrases without specifying any\nparticular font, color, or design elements. Such marks can be used to protect a\nspecific product line in company names or various advertising materials.<\/p>\n\n\n\n

Once the Entrepreneur has Registered the Mark, it is Protected\nForever<\/strong><\/h3>\n\n\n\n

Apart from the\nfact that many countries require trademark owners to pay fees to maintain their\ntrademark rights after registration, there are several ways that a mark may be\nlost if an owner is not careful. In addition, the loss of trademark rights in\nIndia can be negatively affected elsewhere, particularly for trademark\napplications filed under the Madrid Protocol.<\/p>\n\n\n\n

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<\/strong>[1]<\/strong><\/a><\/sup>.<\/strong><\/p>\n\n\n\n

The\nEntrepreneur can use the \u201c\u00ae \u201con their Product Packaging wherever their Trademark\nIs Registered<\/strong><\/h3>\n\n\n\n

While the \u00ae\nsymbol is widely used to indicate that a particular trademark has been\nregistered, there are different criteria for product marking accepted by\ndifferent countries in which you work.<\/p>\n\n\n\n

Conclusion  <\/h2>\n\n\n\n

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<\/strong><\/a> or many other resources available online. Do your researches, learn the process, and don\u2019t 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.<\/p>\n\n\n\n

Read our article<\/b>:\nSimplified Instructions to the Trademark Search Process\n<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"

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 […]<\/p>\n","protected":false},"author":32,"featured_media":23401,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2],"tags":[1389],"acf":{"service_id":"18"},"authorName":"Komal Singh","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/12\/processed.jpeg","authorDescription":"Komal Singh is a Legal scholar, having diverse experience in scripting research papers, articles & dissertations, which serves her main interest & competent in drafting legal documents. She has polished her skills in dealing with the matter related to consumer affairs and now building intelligible Legal Content for Corpbiz.","postViews":3999,"readingTime":5,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/23394"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/32"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=23394"}],"version-history":[{"count":19,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/23394\/revisions"}],"predecessor-version":[{"id":23418,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/23394\/revisions\/23418"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/23401"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=23394"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=23394"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=23394"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}