Brand names are also known as ‘Trade Marks,’ and the names of businesses are referred to as “Trade Names.’
Awareness
To prevent one’s trademark, brand name, mark, etc., from being used by someone else, It is vital to be aware of this type of abuse in different regions and jurisdictions. A trademark owner must not rest over the rights of his mark by not allowing another person to misuse his mark without knowledge of it, as this would constitute acceptance of the misuse and a loss of rights to the mark. One way to keep track of the misuse of one’s trademark is by doing a regular search of the appropriate trademark database(s) to find out if anyone else who is planning to use a trademark similar to or identical to the trademark has submitted an application to register regards to the same mark and expressing opposition or objection to the application and its the proposed use.
Unauthorized usage
If someone is aware of infringement or misuse by another party, legal action can be taken as action for infringement or passing off. The legal remedies in these cases would include the grant or issuance of injunction(stoppage of the misuse) or compensation for damages, or the delivery for the label that is infringed as well as marks to be destroyed or erased.
Domain Name
Domain names are a location on the Internet that provides you with an online presence. It is recommended that owners obtain a domain name that is that of the brand so that anyone who isn’t careful is not able to find a website with the same name as their company. This is crucial because when you conduct an online search using, the name of the brand, logo, or logo of someone else’s website should not be displayed since it could lead to confusion.
International Registration
If someone plans to operate a business or trade in countries or jurisdictions outside of the United States in which he is a resident, the application to protect his trademark in the proposed or designated countries can be filed pursuant to the Madrid System for the International Registration of Marks (Madrid System). This Madrid System is the primary international system to facilitate the registration of trademarks across different jurisdictions across the globe. When registrations are granted in the Madrid System, it is easier to check the usage of a trademark within the International Register, which is an all-encompassing system that is maintained by WIPO.
Registration
The best method to protect your trademark is to file a request and secure registration of it. A trademark registration grants various rights and rights to the owner of the trademark, in contrast to non-registered trademarks. One of them is:
Exclusive Use
The proprietor of trademarks or trade names is entitled to use it for the products or services that it is registered for, with the exception of any other. The trademark owner who is registered with a trademark is guaranteed legal exclusivity for that person in the usage of a brand name, name, or logo. This prohibits other individuals or businesses, such as a trader, etc., to use the trademark in connection with their own company products and services, and ensures the brand belongs to the registered proprietor by granting exclusive rights.
Prior Search
Before a person is able to use the name or mark, logo, it is crucial that he perform a search within the trademark database to determine whether registration for the same has been granted. If registration has been granted, then trademark examiners could deny registration to marks that are in conflict. If the same or competing mark is approved as a trademark having a registered mark confers the right to challenge the registration prior to it being officially registered in the register. It is advised for trademark proprietors to conduct an annual search through the trademark database to determine if a request for registration has been made for a mark or name that is identical to their own and file an opposition or objection at the appropriate stage to ensure their rights and aid the examiner by stopping the registration from being granted for the same or similar names or marks.
International Protection
Before the application to register trademarks can be filed in the Madrid system, it is required that the trademark has been granted registration or was applied for in the country where the mark originated. Mark. If a person intends to operate a business or trade in any international jurisdiction, in order to file a request for protection of his trademark or trade name, logo, or logo. In the country, the applicant will first need to obtain registration in his home country or make applications for registration.
Legal Action
According to the Indian Trademarks Act, 1999 (“the new Act” below), Section 27 of the Act lays the groundwork for a lawsuit for infringement that cannot be brought on the basis of trademarks that are not registered. Therefore, the registration of trademarks is a prerequisite in pursuing an action for infringement. And in the case of a trademark that is not registered, there is only the traditional remedy known as passing off’ applies.
Permitted Use
The registration of a trademark offers a greater level of security and protection in the event of licensing, assignment, usage, etc., unlike an unregistered mark that is not registered.
Online Services
Registration of a trademark enables more collaboration between third parties. For instance, Google will act to hinder merchants from bidding on “keywords which contain a trademark registered. In the same way, websites like Amazon or eBay will take steps to remove listings of other merchants that violate the registered trademark.
