Reasons to Obtain Trademark Registration
Reasons to Obtain Trademark Registration
There are many different reasons why a trademark registration is essential for almost all companies or entrepreneurs to pursue. It gives special and legally recognized rights as a company, protects the trademark for unauthorized copycats, prevents others from using it whether knowingly or unknowingly, allows the trademark owner to sue or recover damages in the case of infringement and for other such similar reasons is today more and more in the industry becoming something ubiquitous and universal.
There are innumerable advantages to registering a trademark and utilizing the services. Registering a trademark heightens the protection it receives and deters others from using a registered trademark. It increases the remedies if someone should infringe upon the trademark, it increases the likelihood of receiving all of the benefits discussed below.
Intellectual Property Protection
- Registering a trademark provides a legal protection against the misuse or copying of a company’s name or logo, which is often a company’s most valuable asset.
- Registering a trademark grants the trademark owner receives exclusive nationwide ownership of the mark, which can be legally upheld in courts of law.
- Registering a trademark decreases the likelihood of another party claiming that your trademark infringes upon their trademark.
- Registering a trademark provides official notice to others that a trademark is already taken, consequently, a company that later adopts a confusingly similar trademark cannot claim ignorance of the mark.
- Through registering a trademark the trademark owner obtains the future right to make the mark exclusive and incontestable which is considered conclusive evidence regarding the validity of the mark and of the registrant’s unique possession of this intellectual property.
- Registering a trademark domestically or nationally can be a precursor to an international or global registration and not infrequently is often a prerequisite.
Powerful Deterrent
- By registering a trademark the trademark owner obtains the right to publicly advertise the brand as a registered trademark which alerts others to your registration and pre-empts the defense of innocent infringement.
- By registering a trademark the trademark will appear in trademark search reports performed by others, likely discouraging others from proceeding with the registration of the same or similar mark.
- When you are the first to register a trademark, the National Trademark Office in New Delhi will refuse registration to any trademarks it deems confusingly similar to the trademark.
Legal Remedies
- Registering a trademark grants the trademark owner the right to recover up to triple damages from an infringer.
- By registering a trademark the trademark owner receives the presumption of being the valid owner of the mark.
- Registering a trademark increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name.
- Registering a trademark gives the trademark owner an automatic right to sue in court. An unregistered trademark on the other hand is itself open to suits.
These are the three main uses of trademark registration, viz. the protection it provides to your company brand, the deterrent it is to others pursuing the same course, the legal remedies it offers. On account of these benefits, almost all new companies or entrepreneurs these days go in for trademark registration. The use of an unregistered trademark in running your company likewise can see you being sued by another party who has registered a similar or comparable trademark.
