Protect Your Brand with Trademark – Part 2
Why do we register our brand under Trademark? Below are few points giving details of Importance of Trademark Registration for the Protection of your Brand.
- Because of prior search took in the public database and trademark registry database, we can select proper unique name and thereby, we can protect our brand from further legal complications.
- Since brand get registered before the Indian Trademark Registry under Trade Marks Act, 1999, the registered proprietor of such brand can take Civil or Criminal legal action against the third parties who infringe his brand.
- If one doesn’t register his brand before trademark registry, he can have only one remedy under common law i.e. “passing off” (Passing off means tort of misrepresentation or infringement) which can be available if and only if the brand owner has proper evidence & proofs in his hand.
- Brand registration aids in the quality maintenance of goods & services.
- It helps to increase the trust & confidence of customers.
- It aids in competition with big companies in the market.
- It helps to sustain in global competition.
- It facilitates while contracting online retail companies If one wants to sell his products & services over online marketing or retail companies.
- It eases to control duplicate products& services in the market.
- Registered brand assists in the valuation of goodwill.
- One can assign the registered brand to other companies by executing & filing assignment deed against monetary compensation and thereby can earn revenue out of it.
- Brand registration helps in the process of franchising system.
- Brand theft and the creation of hurdles in the process of registration of a trademark can be possible if the brand is registered or applied before the registry.
- One can oppose before trademark registry if he feels that the mark accepted & published in the official journal by the Trademark registry is deceptively similar to his trademark.
- It aids as evidence to avail the benefits of government schemes.
- It helps to stop the production of duplicate goods & services through court commissioner by seizing such products & services.
- It helps to generate the reputation of the company.
- In case of legal disputes, registered brands get more legal benefits than unregistered brands.
- It aids to increase the turnover of the goods & services in the market.
- Registered brands get more monitory value in the market.
- Brands get legally registered and the owner gets registration certificate which can be useful as evidence.
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Owner/Legal Advisor at P.P.Acharekar & Associates, Head writer- Kagzad Blog.