Frequently Asked Questions about Trademark


When beginning a commercial enterprise I’m sure there is a mess of questions that undergo every entrepreneur’s mind. Barring the fundamental questions of whether or not or now not to head beforehand with launching something, at the trademark the front there is more than one question that holds cropping up.

Need to Register Trademark?

Registering logos need to be an early milestone in a prudent business model. For startups, building an emblem will maximumly probable is at the top of their “To-Do List”, however the period in-between, they need to add the importance of defensive brand. Businesses want to take into account the significance of creating a recognizable and trustworthy logo, in addition, to legally protect the equal.

Startups have to remember the fact that the entirety they’re investing into is that logo name in their commercial enterprise, so it sincerely needs to be covered legally.

Therefore, it is always advisable that an early filing is the best, as branding is important for any startup, protecting that brand should be too.

Do clients bother Trademark registration?

Definitely! The buying selections of consumers are motivated via trademarks and the reputation such brands represent. It is becoming more and more crucial for corporations to have a know-how of why trademarks are important assets and help develop their commercial enterprise. Your trademark is the designation or brand of your enterprise or your products and the client’s partner that emblem entirely with you. Trademarks are often the maximum spontaneously searched articles on the internet through any user searching for information of your products or services.

the reality that a trademark enables the capacity of clients and customers to tell you aside from other competitors within the marketplace, it becomes the crux of your enterprise identification. No surprise investors opt for funding agencies with an unpublished trademark, as a registered trademark creates a valid call and a face price for the enterprise and will increase the credibility of your commercial enterprise in the market.

What protection do I possess for a Trademark which I’ve been using for a long time but haven’t registered?

One of the maximum essential advantages of getting a trademark registered is that it gives the proprietor the right to initiate a motion for infringement of the mark. An absence of felony reputation to your trademark will provide the opposite commercial enterprise entities a threat to drain away the reputation and goodwill accredited in your enterprise and also to generate earnings while using on the returned of your brand call.

The only way to guard an unregistered trademark is that if the mark has substantial and extended utilization. These unregistered marks may be included by way of succeeding in an action of passing-off, wherein the court docket upholds the usage of the trademark. To reach such a motion, its miles essential to set up that unregistered mark has comparable goodwill or reputation in connection with the product, provider or commercial enterprise with which it's far used.

So basically if you are using an unregistered trademark for a long time, it is best advised that you register it at once because even though you can win a case of passing off against an infringing mark it’s a bit more difficult than approaching the Court with a registration in hand.

Is an Indian trademark registration valid outdoor India?

No! The Indian trademark registration stops in the border and does not accord any rights to the proprietor outdoor the country. So, if you plan to promote your products or services internationally, recollect referring to the legal guidelines concerning registration of logos.

Can a person else register the identical trademark as that of mine for an entirely specific class of services or products?

Yes! The basic perception behind having a trademark registration is to distinguish the products or services of a particular person from the rest, so as to avoid a confusion or deception among the customers. So, someone could register a trademark same as yours and get away with it if the two marks deal with different products and operate in different markets and the consumers are not likely to be confused.

Basically, trademark rights are limited to particular goods and services for which the registration is obtained for; therefore, there are chances that companies engaged in very different businesses may use the same trademark simultaneously.

One of the factors which the Courts look at to determine a likelihood of customer confusion is whether the two businesses are in the same industry. The question in these kinds of circumstances is whether the goods or services offered by the two companies are sufficiently related such that a consumer would be likely to think a company providing the first product or service would be reasonably likely to provide the second product or service also. When the products are so unrelated that consumers are not likely to be confused into thinking that they come from the same source, the same trademark can be used.

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