How to safeguard your trademark in India
It is a human tendency to brand everything we know as “mine/ours.” The world entering the era of digitalization and marketing is an important part of any business’s growth. The branding sector has taken a huge leap, thereby increasing the application of trademark, copyright, and designs being filed. With the increase in the filing of trademark applications, there has been an increase in the need to monitor the existing trademarks and, more importantly, register your marks as soon as possible to claim priority usage.
India has now slowly become a hub for trademarks. Every year, lakhs of people apply and get their marks registered. The registration process, right from trademark search to obtaining registration certificate, usually takes 12-15 months, and there are many rules to comply with. It is always advisable to register your mark to shield your mark with legal protection- because trademark laws are based on the principle that No Registration No Protection.
Although the law is very generous, it gives us an option to file passing-off actions against the use of your mark by the third party, but this protection limits only reputed and well-known marks. So as long as your mark have an established reputation in the sector, passing off can be handy; if not, then you will lose everything, do you read that, everything
Here are a few things you can do to safeguard your mark:
- Make sure your brand name qualifies for all the criteria of registration.
If your mark is not unique, distinct, and has some similarity with other marks, your application will be rejected. Therefore, we advise you to design a mark to not face any issues while registration when you need to contact your lawyer for a trademark search.
UNIMARKS LEGAL SOLUTIONS suggest that “a strong foundation implies a strong future of the business.” Get your trademark search today to avoid complications later. To know what can qualify as a good trademark, you can check our guide to a good trademark.
- File trademark application:
If you want to protect your mark, then you have to definitely file it for registration. Once you’re sure that your mark is all eligible and your lawyer has shown a green single, there is no reason to wait. You can apply for registration and, with all supporting documents, get your mark registered and own your mark like how a king owns his kingdom. The registration process is straightforward and simple because we at UNIMARKS LEGAL SOLUTIONS have simplified it for you. Contact us to get your mark registered today.
- React Promptly To examination reports Or third-party oppositions :
“Ignorance of the law is no excuse and once limitation crosses you cannot get your chance to fight back.”
Keep full track of your application and in case of any examination reports or oppositions, make sure everything is filed on time. You will definitely require legal assistance at this stage, and we are here to help you at your every filing stage.
- Keep Up Your Trademark
Never miss your deadlines on any filing of the documents. Once registered to make sure you have your certificate printed, laminated, and kept safely. It is always better to display the registration certificate at the places required to add to an evidentiary value to protect your mark.
Also, Renewals are done once in 10 years; that’s a long time gap, so there might be chances you can miss out on renewals, make sure you check to update your mark and have a check on them every now and then.
- Check on infringers and monitor your mark:
Once you register your trademark, you have to keep checking for infringers around you. You have to be agile and vigilant to protect your mark. You have to meticulously reply to all the objections and keep sending Cease and Desist Notice to all infringing parties. Though silence is not paramount to acceptance, silence in filing objections can mislead the registrar to believe that you do not oppose the infringing mark’s registration.
Editor’s note: Your Brand is your identity, and to protect your identity, you hire us. Unimarks is known for expertise in providing services from trademark search to managing objections to registration to monitoring your brand, please drop an email at firstname.lastname@example.org.
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