Mark Your TM and Patent As Per IP Rule

Trademark is not simply a mark but it's a key for commercialization and growth of industry. It is a connecting link between the manufacturer and consumer. Reputation of a product is not built by the manufacturer but it is the trademark which signifies the quality performance of a product and depending on the satisfaction which a consumer derives from that particular product, the demand for the product gets affected. A consumer may not even know who the manufacturer is but it is the trademark which influences a consumer’s decision to buy or not to buy a particular product. Trademarks establish goodwill between the source of a product or service and the consumer and enable the consumer to make quick purchasing decision based on trademarks.

Registration and protection:

For the success of any manufacturer, it is very important that consumers should be in a position to differentiate goods manufactured by him from those of other manufacturers. This is facilitated by trademarks because trademark identifies the source of goods and services. Secondly, a consistent quality guaranteed by a trademark allows consumers to associate goods or services offered under a particular trademark with a standard of quality. However, for your name to be legally available in the market it is very much important to get your trademark registered.

Registration confirms ownership over a particular name and brand and empowers the owner to stop others from using the same name for similar goods and services. Also, after registration the is risk of you infringing someone others trademark and of course somebody else infringing your trademark is reduced to great extent. So once you have identified a legally available name for your business you should not delay in filing a trademark application for its registration otherwise somebody else may take advantage of this opportunity and file earlier than you. And if a competitor succeeds in getting your name registered as his trademark you may be compelled to stop using it.

According to the Trademark Act, no trademark should be promoted or copied by anyone unless they have full rights or owner’s permission . Trademark acts like a weapon in the hands of registered proprietor or the owner of the mark to stop others from unlawful use of the mark of registered owner. The proprietor of a trademark has a right to file a suit for infringement of his right and obtain:

1. Injunction
2. Damages
3. Account of profits

In a matter Supreme Court has held that in an action for infringement if the two marks are identical, then the infringement made out, otherwise the Court has to compare the two marks, the degree of resemblance by phonetic, visual or in the basic ides represented by the registered proprietor, whether the essential features of the mark of the registered proprietor is to be found used by other person than only the Court may conclude the matter.

The main objective of trademark law is to protect the interest of consumer by preventing from being mislead as to the origin or quality of a product or a service. Because trademark facilitates identification of products and services which meet the expectations of consumers as to quality and other characteristics. It is very much advisable to get the trademark registered as soon as possible so as to protect it from any unauthorized use and hence in turn protect the quality of the goods and services and reputation of the owner.