Rights and protection

Ownership

  • Is ownership of a trademark in your jurisdiction figured out on a first-to-file or first-to-use basis?

Ownership of a trademark in India is determined on a first-to-use basis. Unlike the law on patents or designs, the trademark law mandates the first-to-use rule over the first-to-file guideline. Company Vakil is a platform that offers various legal services, makes several legal registrations efficient, easily accessible and affordable to the users. It is one of India’s largest platforms that simplify various Intellectual Property related procedures like online trademark registration in India with the help of its technologies and its Company Search Tool.

 

Unregistered trademarks

  • What legal securities are offered to unregistered trademarks?

As a first-to-use country, unregistered trademarks with previous use can be protected under typical law in India. The passing off of trademarks is a tort actionable under common law and is generally used to protect the goodwill connected to unregistered hallmarks.

which is computed to hurt business or goodwill of another party; and

which triggers actual damage to business or goodwill of the celebration which has brought or is most likely to bring the action. 

Company Vakil believes in complete transparency in price, process and time consumptions. Company Vakil employs a 100% online process to file a Trade Mark Renewal Application, without stepping out of your house. It makes all the process easy for the end-users who have to carry out no procedural hectic work.

 

  • How are rights in unregistered marks developed?

In a normal passing-off suit, the courts will usually think about the following problems:

whether the complainant is a previous user of the mark;

whether the plaintiff s goods have actually gotten distinctiveness and are associated in the minds of the general public with the plaintiff s mark; and

whether there is a misrepresentation by the offender with regard to its goods and such misstatement is most likely to result in confusion in the minds of consumers, with the result that they may deal with the defendant s items as those of the plaintiff.

 

  • Are any special rights and defenses afforded to owners of well-known and famous marks?

The trademark law accords extraordinary protection to hallmarks that are popular and safeguards them from infringement or passing off. The Trademarks Registry recognizes widely known trademarks in India on the basis of international, national and cross-border reputation.

 

The Trademarks Act 1999 safeguards widely known hallmarks in 2 ways:

an action versus the registration of comparable marks; and

an action versus the abuse of the well-known mark.

 

  • To what degree are foreign trademark registrations identified in your jurisdiction?

Foreign trademark registrations have persuasive worth in assistance of:

an application for registration of an identical mark by the same applicant;

opposition by the rights-holder against an application for a similar mark; and

infringement and passing-off actions.

 

Registered hallmarks

 

  • What legal rights and defenses are accorded to registered trademarks?

A trademark registration:

provides prima facie proof of ownership and validity;

provides statutory defense in India;

helps to prevent others from using the trademark unlawfully; and

allows a suit for a violation to be brought.

On the other hand, in the case of an unregistered mark, a passing-off suit can be filed. As passing off is a common law solution, the problem of proof is more serious on the complainant than in a violation action.

 

At Company Vakil, you only need to provide the documents, either through mail or in the form after payment. The client only needs to provide his trademark application number and the power of attorney to the Company Vakil Expert, and it will return him with the receipt of a registered trademark and the Government’s Letter.

 

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