In order to get success in the market it’s really important to protect all your assets including the intellectual properties. One of such assets is trademarks. In order to protect them you need to do trademark registration. This will help you while someone uses your trademark without your consent or permission. In order to make your business successful in the market among the number of competitors make sure you will do something which others are not.
Meaning of Trademark and its Example
Trademark is nothing but a distinctive sign or symbol. Trademark has been defined under the Trademark Act of 1999 in detail as the sign and symbol that helps in making the goods and services of one organization from the other. They give ideas about the source of origin in order to get the right goods and services. They help in building brand value as well as business recognition. Hence their protection is very necessary for the business’s growth as well as development. Some of the widely known trademark examples include the half cut apple of Apple, color combination of cadbury, the check mark symbol of Nike, twin tailed mermaid of starbucks, three parallel stripes of Adidas etc.
What can be Trademarked in India?
Some of the things which can be trademarked in India are:
- Distinctive names, words, or combinations of words.
- Unique designs or symbols associated with a brand.
- Specific stylized or unique lettering.
- Memorable phrases or expressions associated with a brand.
- Distinctive shapes or color combinations used in products or packaging.
- Unique packaging designs or features.
- Distinctive sounds associated with a brand.
- Unique smells associated with certain products.
- Specific colors used to identify a brand.
- Unique visual appearance or design of a product or its packaging.
- Moving images or animations associated with a brand.
- Marks indicating compliance with specific standards.
- Marks used by members of a collective group or organization.
- Trademarks used indicate services rather than products.
- Marks recognized as well-known internationally.
Someone uses your Trademark: Take Action Promptly
If you find that any third party is using your trademark without taking any permission or consent from your side, take action against such acts of the third party without wasting much time. Taking action promptly is suggested so that you can save your rights over your trademark. Unnecessary delay can cause more loss to you, hence contact and complain about such infringement to the competent authorities as soon as possible. Also don’t forget to contact a trademark attorney for yourself who can assist you in the entire process of taking appropriate action.
What to do if Someone Uses Your Trademark?
If someone uses your trademark, take the following actions suggested below:
Document the Infringement
Moment you notice that someone uses your trademark without your permission in the market for his or her personal benefit, make sure you document the infringement. It is necessary to document it so that you can prove the infringement while taking action against the same. Documenting trademark infringement is very important in order to take action against such infringement.
Cease and Desist Letter
Must draft a cease and desist letter with the help of an attorney and send it to someone uses your trademark for his or her personal use without your permission. This letter must have records showing that the trademark which the third party is using belongs to you and it has your right and third party by using the same without your permission infringing your right against the same. And in this way ask him or her to stop using your trademark for their personal benefit.
Consult with an Attorney
Once you notice that someone uses your trademark without taking any permission or consent from you then you must contact an attorney who deals in the respective field and having relevant experience too. He or she can further guide you reading the action you can take if someone infringes your trademark. There are a lot of formalities included while taking such actions, hence to deal with all those an attorney is required.
File a Trademark Infringement Lawsuit
With the help of the attorney you can file a trademark infringement lawsuit in case the third party is not ready to give up his right on your trademark after you asked him or her to do so. In this stage an attorney will assist you to take the action by following all the legal needs to do so. Make sure you will hire a good and expired attorney so that he or she can look after this matter carefully. This is really required if someone uses your trademark without consent.
Alternative Dispute Resolution (ADR)
If you want to resolve the dispute outside the court through arbitration, mediation or conciliation you can go for the Alternate Dispute Resolution. We as a professional mostly suggest this recourse when there are chances of settlement and third party actually infringing your trademark and you are having the proof of its registration. Through this you can get the remedy soon because this ADR process is less time consuming in comparison to normal litigation. ADR id sometimes prove best in case someone uses your trademark without consent.
Monitor, Enforce and Report to Authorities
When you notice that someone uses your trademark without taking any kind of permission from your side, make sure you will continuously monitor and enforce the same. Meanwhile also try to contact him and ask not to use your trademark. If the third party is not ready to withdraw his use you report the same to the competent authorities. You can also report the same by using online recourse as well.
What are the Key Legal Requirements to Register a Trademark?
Some of the key legal requirements of the registration of trademark in India are:
- Unique identification for goods/services is required in order to do trademark registration
- Avoid generic or descriptive terms in order to trademark them
- No similarity with existing trademarks
- Avoid offensive or scandalous content in the trademark so that they can be trademarked easily
- Provide clear graphical representation of your mark or symbol
- Categorize under appropriate classes in order to get the registration is necessary
- Provide accurate, complete information about your trademark
- Pay prescribed application and renewal fees to the competent authorities
- Required for eligibility in some jurisdictions.
- Periodic renewal to maintain registration.
- Submit if using a trademark professional.
What are the Functions of Registered Trademarks?
Some of the key functions of the trademark are:
- The owner acquires exclusive rights to use the mark.
- Provides legal protection against unauthorized use.
- Builds brand recognition and trust in the market
- Adds value as an intellectual property asset.
- Helps distinguish products/services in a market full of businesses
- Allows for licensing to third parties.
- Enables legal action against infringers of the trademark
- Can be registered internationally for global protection.
- Facilitates business expansion and growth among the competitors
- Prevents confusion among consumers and gives string recognition to the business
- Acts as a powerful marketing tool which helps in the business growth
Conclusion
For all kinds of businesses it’s important to take action when someone violates their rights. Sometimes we saw people hesitate while taking legal actions instead they tried to find some other ways to resolve them. But that’s not the right way to tackle such issues. For example if someone uses your trademark, without any form of legal licensing, or consent then you should take action against such an act of him or her promptly. Do not waste your time in such situations, instead hire a good attorney for yourself.
