What is a trademark? What are the rights of registered trademark owners?

Introduction

Trademarks are one of the most valuable assets for any business or organization, as they provide exclusive rights and legal protection to the owner. Indian law which governs the Trademark Registration, also recognizes both registered and unregistered trademarks and offers different levels of rights and protections to the owners of each. In this blog, we will discuss learn the meaning of trademarks, the types of trademark owners, and the rights of registered trademark owners in India.

What is a trademark registration?

It is a legal procedure provided under the Trade Marks Act, 1999. Through registration of a trademark or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same. By trademark registration, you get the ownership of the logo / name / brand. The trademark registration process in India is required if a company or individual intends to protect their logo from the misuse by the third party. It would provide a legal right to initiate an action against the third party in case of infringement of trademark. It will also provide an exclusive right to the owner to use it for its products or services.

Types of trademark owners

In India, there are two types of trademark owners:

• Registered trademark owners have registered their trademarks with the Trademark Registry. It is one of the types of trademark owners.
• Unregistered trademark owners have not registered their trademarks with the Trademark Registry. It is another type of trademark owners.

What is a registered trademark owner?

A registered trademark owner in India is a person or business that has obtained a trademark registration certificate from the Trademark Registry. Registering a trademark provides several benefits, such as better legal protection, exclusive rights to use the trademark, and an easier legal remedy in case of infringement. To obtain a trademark registration in India, the owner must apply to the Trademark Registry, along with the required documents and fees. The registration process involves a thorough examination of the application by the Trademark Registry, which may take several months to complete.

Rights of registered trademark owner

A registered trademark owner in India enjoys a wide range of rights and protections, including:

1. Exclusive right to use the trademark: One of the rights of registered trademark owners to use their trademark regarding their goods or services. This means that no one else can use the same or a similar trademark, which could cause consumer confusion.

2. Legal protection against infringement: A registered trademark owner has the legal right to prevent others from using a similar mark regarding similar goods or services. In case of infringement, the registered trademark owner can initiate legal proceedings against the infringing party.

3. Right to license or sell the trademark: One of the rights of registered trademark owners to license or sell their trademark to another party. This allows the trademark owner to monetize their trademark and expand their business.

4. Right to sue for damages: In case of infringement, a registered trademark owner can sue for damages and receive compensation for any losses suffered because of the infringement.

5. Protection against the import of infringing goods: A registered trademark owner can file a complaint with the Customs authorities to prevent the import of goods that infringe on their trademark. This helps prevent the circulation of counterfeit goods on the market.

6. Renewal of trademark registration: A registered trademark owner can renew their trademark registration every ten years to ensure ongoing legal protection and exclusive rights to use the trademark.

Unregistered trademark owner

An unregistered trademark provides limited protection under common law, and the rights of the unregistered trademark owner are not as extensive as those of a registered trademark owner. An unregistered trademark owner in India has some limited rights, including:

1. It has the right to use the trademark regarding its goods or services.
2. The owner of an unregistered trademark can prevent others from using a similar mark that would cause consumer confusion or deception.
3. It can sue for passing off if someone else is using a similar mark that is likely to cause confusion or deception among consumers.

However, an unregistered trademark owner may have to rely on passing off, which can be challenging to prove in court.

Conclusion

In conclusion, trademarks are essential for businesses to establish their brand and create brand recognition in the marketplace. As discussed, there are two types of trademark owner in India, registered and unregistered trademark owners. This blog talks about the rights of registered trademark owners and unregistered trademark owners.