Importance of Trademark Registration in India
With the emergence of competitive market economy, manufacturers began to identify their products by certain symbols, marks or devices so as to distinguish their goods from similar goods manufactured and marketed by others. This led to the emergence of trademark in the developing economies. Trade mark serves two important purposes (i) it protects the public from confusion and deception by identifying the source or origin of particular products and (ii) it protects the trade mark owner’s trade and business as well as the goodwill which is attached to his trademark.
Registration of trademark serves an important purpose in line of securing a trademark from being misused. In order to observe the importance of registration, we need to look at the Benefits which are conferred through registration. Section 28 of the Trade Marks Act, 1999 talks about Rights conferred through Registration. This section clearly explains how registration gives the exclusive right to use the trade mark in relation to the goods and services in respect of which the trade mark is registered. It further establishes that one can obtain relief in respect of infringement of the trademark in the manner provided by the act.
Another way of observing the importance of registration is to consider drawback of not being a registered user. This can be explained through section 27 of the Trade Mark Act, 1999 which talks about “Passing Off”. This section explains that, no person shall be entitled to institute any proceeding to prevent , or to recover damages for the infringement of an unregistered Trademark.
This clearly establishes that, if a trademark is not a registered trade mark, then it becomes difficult to make exclusive use of it. Further when it comes to suing for infringement and obtaining relief, it becomes easy when the Trademark is registered trademark. This clearly shows that it is imperative and in the interest of the user to get his trademark registered.
Author: This blog is written by Mr. Vishal Aggarwal, a passionate blogger & intern at Aapka Consultant.
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