Businesses looking to succeed in the long run and stay competitive will require to make an impression that ensures. There are plenty of other businesses offering the same or similar products and services as yours. The idea is to make your business stand out against the rest. One of the most common ways for small businesses to grow faster is by imitating other businesses and leverage their brand identity. Now if any other business copies you and sells products with your logo and name, you will lose credibility in the market. The only way out to save your brand from such cheap imitation is by practicing intellectual property rights. The best and speediest way to do that is with online trademark registration in India. IP threats are getting way too common these days and it only makes sense to get your brand name registered as a trademark.
And, once you decide on getting the registered mark, there are a few things that you should know. Moreover, just like any other compliance concept, people have a misconception about trademark.
Common Trademark Myths in India –
1. I do not need a trademark because my Company name is registered
Many people believe that the company name is protected by default but that is not the case, Trademark and Company name are two separate things. Registering a Company name will refrain others from getting the same name as yours (legally). On the other hand, getting a trademark help to protect your services and products.
2. My registered mark(s) has a worldwide rights
Trademark Registration is bound to geographical limitations. But when a business looks to expand its activities to other countries then filing a national trademark application is important. Later, the same business can fire a trademark application under the International Trademark Registration – Madrid Protocol. It is not possible to register an international trademark without registering it first in its country of origin.
3. I should not do Trademark Registration because I own a small business
Many small business owners think that registering a trademark is only apt for big businesses because they can afford it. The truth is, money invested in protecting the business identity is bound to offer great ROI. Understand that business scale is not a yardstick to plan for trademark registration. You will need to realize the business potential and go for TM protection early on before your brand faces legal obstacles on attaining a certain level of growth.
Even a slight delay in doing the needful may prove problematic as your competitor may leverage your brand’s vulnerability. A normal trademark application will enable the user to claim the first date of use which is significant to exercise the right in case of any clashes later on.
4. Trademark registration is costly
Most of the small businesses consider trademark registration as a costly affair. Unfortunately, they miscalculate the risk that they run in not doing so. It will eventually put their brand name at greater risk when they get famous. In such cases, other brands or competitors may start using your brand name and probably roll out the same offerings as your business. This makes it nearly impossible to sue the other brands as you cannot make start legal proceedings in case of infringement. The only possible option left for business in such cases is claimed to pass off.
5. I have no rights because my mark is not registered
Perhaps, the most common misconception about trademark is that your business has no rights if you have not registered the mark. This point needs greater awareness because even if the trademark registration has its pros, the unregistered marks can also enjoy certain rights based on use. So, whenever you start using the mark for a commercial purpose connected to the business – be it advertisement, printed brochures or sales. By conducting business activities, your mark acquires the rights under common law trademark rights. Also, know that such commercially –acquired rights remain limited to a geographical area (local). Claiming rights in such cases is tough due to the higher burden of proof.
6. I can legally claim damages arising out of the infringement
You need to understand that to claim damages legally in case of trademark infringement requires a lot of resources – time and money. Although it is possible to so, it may not be a convenient exercise for small businesses. The one filing the trademark infringement complaint (Plaintiff) will have to submit a solid proof to showcase that an infringement has occurred. It means, the said person (business owner) will claim that their business brand is being copied by someone. In such a case, if the opponent can successfully show the prior use then the plaintiff may lose the right. When the Plaintiff is not able to suffice with the necessary unable to provide valid proof of use and opponent does have a prior use to make a claim, you can lose the right to even use your mark. Hence, it is vital to have a strategy that protects you well.
7. I can use a particular brand name because no one has my identical mark as per my search on IP India website
Note that the identification marks on the IP India website only lists the registered (approved) mark. Maybe some of the marks are in process of being registered and therefore solely relying on such IP India Website’s results is not a good idea. Also, the registry checks for the marks not only on how similar how they are in comparison but also their phonetic similarity. It also extends to comparing similarity in commercial impression, meaning and many other such elements.
Conclusion
LegalWiz.in is in the business of enabling businesses with brand protection and our team often deals with these above-mentioned misconceptions related to trademark registration in India. Going through those should help you overcome a few of the most common myths around the trademark. It is ideal to break such myths that stop you from trademark registration. You should look to leverage business professional services like LegalWiz.in that can help you make the right decision regarding the trademark registration.
