RIGHTS OF TRADEMARK/ REGISTERED BRAND OWNER : IPR
TRADEMARK OWNER? KNOW YOUR RIGHTS
Registering of a Brand under Trade Marks Act, 1999 has its benefits for protecting the brand, the goodwill as well as the brand owner. Registration of the brand with the Trade Marks Registry establishes proprietary/ownership rights in the mark for the owner of the brand.
The Act as applicable in India, provides the registered owner (proprietor) an exclusive right to the use of the Brand in relation to the goods or services in respect of which the brand is registered. This apart, the proprietor obtains amongst other, a right to institute proceedings for infringement of his brand in case of the use of the brand by some other person and for same or similar goods or services.
Rights of Trademark/ Registered Brand Owner
Broadly, it can be understood that a trademark owner gets the following rights with respect to his mark-
- Right to have Exclusive Ownership to the brand.
- Right to Protect Brand from Competitors by serving as a deterrent against copying and imitating.
- Right to Sue in case of Infringement: The owner can take legal action against a person who uses the brand of the registered proprietor without his due permission for similar or same goods or services.
- Right to Assign the Brand with or without goodwill for a consideration: The owner of a registered brand can Transfer or Sell its Brand (as a commodity/property) to any third person with or without any conditions. The registration of the brand not only secures it but enhances its value as a property.
- Right to License the Brand to agents, distributors and partners for royalties: the registration of your brand enables you to license the use of such registered brand by third person in the nature of agents, distributors or partners without giving them the ownership rights. With the appropriate registration, the owner of the brand ensures its protection and prevents its misuse by the licensed user.
- Right to use the symbols ®, TM and SM in appropriate cases: The symbol TM in respect of goods and SM in respect of services may be used by the owner of a brand once the registration under the Trade Marks Act, 1999 has so been applied for. And once the registration is complete, the owner gets the right to use the symbol ® with his brand.
Other Important points to note:
A. A registered brand /mark may be removed from the Register of Trademarks in following cases:
One, in case where a trademark was registered without bonafide intention on the part of the applicant to use such brand for the specific class of goods or services under which it has got it registered.
Two, where the proprietor has not at all used the mark/ brand for a continuous period of 5 years and three months before the date of any objection so raised owing to such non-use.
B. In following case, you may not enjoy the exclusive use of your Registered Brand/ Mark:
One, in case where there exist special circumstances such as concurrent use of the identical or similar brand by some third party (i.e. someone else also using it simultaneous to your use since the same period), registration may be permitted for same or similar mark to more than one proprietors. In such cases, it will be a defense to prove that the other party had knowledge of the business and registered mark of the owner and is using it to the advantage of its own business.
Two, the right of exclusive use does not subsist where the owner of the brand/ mark, allows the other person, to use the similar or identical brand, without raising any objection, for a continuous period of five years. Here it becomes essential for the user of the later mark to prove that the registered owner has been in knowledge of such use.
C. Reiterating the above, to enjoy the rights with respect to any registered brand/ mark, it is essential, that the owner of a brand Continuously Uses its Brand ever since inception to protect its rights with respect to it.
To Sum Up...
Brand creates goodwill, good name and creates a continuous long lasting impression in the minds of the user of the good or service. Every entrepreneur, manager, owner, proprietor and company aims to protect its brand for long use and legal protection. Registration of a brand provides its proprietors with wide scoped rights with respect to the brand, ensuring legal protection to the brand as well as enhances its value as a product or commodity. Further, your Trademark or Brand needs to be correctly used and protected to enjoy all benefits attached to it.
For any clarification or business advisory, feel free to Contact:
For any clarification or business advisory, feel free to Contact:
