Trademark Protection in India
Trademarks are valuable assets, and can be an important part of your brand. Here’s a brief overview of why you should register a trademark and what happens after you do so. The protection of a company’s trademarks is essential and should be a top priority. There are a number of methods for protecting your brand, including common law and registration of trademark in India. Trademarks can serve as the identity of a business and help you distinguish yourself from competitors. A trademark may include a company’s name, logo, slogan, or distinctive product design. There are various case laws in India supporting registration of trademarks and brands containing common words.
International trademark protection is crucial for distinguishing your business from those of competitors and low-quality imitations. The significance of trademark protection is becoming increasingly evident in the fiercely competitive software market. In app marketplaces, software companies compete with one another for customers. By protecting your brand and reputation, you can prevent competitors from capitalising on your hard work. As more businesses sell their products online, trademark protection is more important than ever. In case trademarks and brand names are sold to third parties, trademark assignment by way of trademark assignment agreement requires recording of such trademark assignment with the trademark office in India.
Additionally, trademark protection protects consumers. With your trademark, consumers are more likely to recognize your products. Additionally, trademarks promote brand competition, which ultimately leads to higher-quality products. Additionally, trademark protection can reduce the cost of research. Consumers spend more time comparing products and services from different brands; trademark protection reduces the time and money required to find a brand that meets their preferences.
Trademark protection protects both textual and graphical marks. These include names, designs, numbers, images, and the shapes and colour schemes of products. Even a three-dimensional form is possible. Consumers value these distinctive characteristics and are willing to pay a premium for products bearing well-known trademarks. A trademark’s value cannot be overstated.
Additionally, trademark protection can ensure the safety of your brand and secure its future. Certain products and services require brand protection in order to move freely, participate in market affairs, and fulfil their preconceived roles. In addition to being a logo or company name, a trademark is also a symbol of supply.
Trademarks have become a crucial tool in international commerce. They have helped businesses build their brand image and reputation for decades. With globalization and the advent of digital technology, trademarks are becoming increasingly important. Numerous low- and middle-income nations have witnessed a rapid increase in trademark applications as a result of a rise in brand investment.
Trademark Filing in India
As per trademark law in India, trademark filing in India can be done for trademarks that are words, phrases, symbols or designs that identify the source of a product or service. They’re used to distinguish between products and services. Trademark protection is designed to protect businesses from unfair competition.Trademarks can be registered with the Indian Trademark Office (IPO), as well as with other countries’ patent offices around the world, after determining the relevant classes for trademark protection.
Why you should register a trademark
There are many reasons why you should register your trademark in India as a part of branding strategy. First, registering a trademark provides protection for your brand name and logo. This means that no one can use them without your permission or risk getting in trouble with the law. Second, registering a trademark allows you to enforce your rights to it if someone else tries to use it on a similar product or service despite knowing that they aren’t authorized by you to do so.
Thirdly (and perhaps most importantly), registering your trademark helps ensure that only you can use it—and not some other business who is either confusing consumers into believing they’re dealing with someone else or trying to capitalize off of the goodwill associated with what has become part of their daily lives thanks in large part due to how well-known brand names have become over time due primarily through advertising campaigns designed specifically for this purpose!
Trademark Registration Process in India
Once you’ve determined that your mark is distinctive, the next step is to file a trademark application. Filing a trademark application for goods, services or both involves a number of steps to ensure that the trademark is used in compliance with the trademark law.
How to choose a trademark
Choosing a trademark can be a complicated process, as there are many factors to consider. Here are some tips to help you choose the right one:
- a) Choose a trademark that is unique. The more unique your trademark is, the better. If someone has already registered the same or similar mark for something else (e.g., jewelry or clothing) and you want to register it for your business idea too, this could cause complications down the line if they decide to sue you for infringing on their mark.
- b) Choose a distinctive mark over descriptive ones like “Good” or “Fast” because those are not really protectable by themselves; rather than just describing what your product is rather than identifying who makes or sells it. These types of trademarks have little value beyond their ability to keep competitors from copying them directly
Business Name vs. Trademark
Trademark is the name, word, phrase, symbol or design that identifies the source of a product. It can be a brand name and/or logo that has been registered with the Trademark Office, which is an agency that provides trademarks for businesses in order to protect them from infringement by others who may use similar designs or names on their own products. Although trademarks are not required in order to sell your business’s products or services, they act as valuable sources of protection against competitors who may try to steal your idea while it’s still new and growing into an established market presence.
Protect your business name, brand, and reputation by getting a trademark filing
A trademark is a word, phrase, symbol or design that identifies a product or service as originating from a particular source. The owner of a trademark has the exclusive right to use it in connection with products and services sold under that brand. A trademark application can help you protect your business name and brand against infringement by others who may be using similar names and logos in the same industry sector. A trademark filing also gives you the opportunity to register an international symbol of protection for your mark that is recognized around the globe.
Trademarks are forms of intellectual property (IP), like patents and copyrights, which allow individuals and companies to protect their creations from being misused by others without permission. As such, they serve an important purpose: protecting consumers from being deceived with regard to who created a particular good or service; allowing owners of brands to preserve distinctive value associated with their IP; promoting competition by maintaining fair trading practices between competitors; encouraging innovation through incentivizing creation of new goods/services which may not otherwise exist because there isn’t enough profit potential for entrepreneurs within existing markets (e.g., wine makers creating new wines); strengthening consumer confidence about buying products or services made available through established channels whose origin can be verified through trademarks registration applications filed with government agencies charged with regulating such matters.
Trademark registration is a good idea for any business. It protects your brand name and helps you stand out from the competition. If you don’t register your trademark, someone else who may not have the same values or reputation could use it—and that could damage your business’s image.
Trademark Case Laws in India
There are various case laws that support registration of trademark for brand names containing common words. Trademark attorneys can use such case laws while responding to trademark objections contained in the trademark examination report. For example, in the case of J.L. Mehta v. Registrar of Trademarks, it has been held that descriptive words used with different class of goods are registrable. The court in this case held that the common language words or descriptive words can be registered under the Trade Marks Act if they are used in relation to a different class of goods. Therefore, limiting the scope of descriptiveness as a ground for refusal under the Trademark Act.
As per the facts of the case: The trademark “SULEKHA” is a descriptive word meaning ‘a person with good handwriting’ and The Court observed that since “SULEKHA” is being used in relation to fountain pens, nibs etc, it was a valid trademark. Therefore, common words of a language/ descriptive words can be trademarked, when they are used in relation to a different class of goods.
Similarly, in the case of Godfrey Phillips India Ltd. v. Girnar Food and Beverages Pvt. Ltd. case, it has been held that marks that have acquired distinctiveness through secondary meaning are registrable. In this case the appellant Godfrey Phillips India Ltd. sells different varieties of tea under trademark ‘Tea City’. It sells extra-strong CTC tea with the name ‘Super Cup’ and gained a reputation with the same name. Further, the respondent Girnar Food and Beverages Pvt. Ltd, who was also in the same business, uses the term ‘Super Cup’ to sell their tea. However, the respondent quoted the appellant’s trademark as ‘Super Cup Tea City.’ Moreover, the word Super Cup itself is a common descriptive word, and none can claim exclusive rights over it.
In this case, the Supreme Court of India recognized that the source of the combination word ‘Super Cup’ is from the plaintiff and its product is identified by the consumer with the same name. Therefore, it was observed that the descriptive or common words can be registered under the Trade Marks Act, when the mark has acquired distinctiveness through secondary meaning.
Additionally, in the case of Lal Babu Priyadarshi v. Amritpal Sing, it was stated that Section 9(2) of the Trademark Act prohibits registration of marks if it deceives the public, causes affront to the religious sentiments of the people, contains any scandalous matter, or is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. In this case the Supreme Court held that no person could claim the name of a holy or religious book as a trademark for his goods or services, in a case involving an application for registration of the work “Ramayana”.
The objections related to Section 9 raised in the trademark examination report should be replied within the stipulated time with evidence in support of the matter and the relevant case laws, describing the reasons as to why the Mark in question should be registered under the Trademarks Act. Furthermore, there are some special conditions wherein the distinctive marks or common language words though objected under section 9(1)(b) can be registered under Trademarks Act, if they acquire a secondary meaning or distinctiveness with time, or if the customer associate the mark with the applicant’s business or if it acquires reputation.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).
Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.
