What Is a Trademark?
A trademark is an example of intellectual property. Your products or services can be distinguished from those of your consumers by a visual depiction of a word, symbol, label, numismatic characters, design, or a mix of these things. It is shielded by intellectual property rights ( IPR).
A trademark is used:
- To legally defend your brand against copycats
- To build brand recognition in the market
- In order to set your products and services apart from those of your rivals
Rights of a Registered Trademark Owner
It is not mandatory to register your trademark. However, registering it provides broader rights as compared to the rights of an unregistered trademark. It is a cumbersome process. But once registered, it leaves with the owner certain valuable rights. Let us list them out.
The Right to Exclusive Use
Under certain restrictions, you have the only right to use the trademark in relation to the goods and products for which it was registered. If a trademark is registered under the names of several proprietors, each of them will have the same rights as other unregistered users.
The Right to Statutory Remedy for Any Infringement
In accordance with the provisions of this Act, the registered owner of a trademark may seek legal redress in the event that his trademark is violated, according to section 28(1). He can file a lawsuit against the suspected infringement to get an injunction and, at his discretion, damages or an account of profits. If there is willful counterfeiting, the owner of an unregistered trademark cannot start an infringement case. The Delhi High Court has noted that registering a trademark grants the owner of the mark certain extremely significant rights. To mention only one such right, one may turn to Sub-section (1) of Section 27 which provides that no person shall be entitled to institute any proceedings to prevent or to recover damages for, the infringement of an unregistered trademark.
Right of Registered Trademark holder of Identical Trademark
According to Section 28(3), no person shall be deemed to have acquired, against any other person, the exclusive right to use any trademark where two or more persons are registered proprietors of trademarks that are identical with or nearly similar to each other, except to the extent that their respective rights are subject to conditions or limitations entered on the register. Each of those individuals, however, has the same legal protections against unregistered users who use the site in accordance with their permission as he would if he were the only registered owner.
Right to Assign
The registered owner of a trademark has the authority to assign the trademark and to issue effective receipts for any price for such an assignment, according to Section 37 of the Act. This right, however, is subject to the Act's rules and any rights that the register indicates may belong to someone else.
Right to Seek Correction of Register
The owner of a trademark who has registered it has the right to submit an application to the registrar asking for the rectification of any inaccuracies in the registration that relate to the owner's information or other elements of the registered trademark.
Right to Alter Registered Trademark
The owner of a trademark who has registered it must submit an application to the registrar asking for permission to add to or after the trademark in any way that does not materially alter its identity. The Registrar has the right to deny the permission or grant it under the conditions and conditions that he sees proper.