Businesses that strive to thrive and stay successful in the long term will have to make an impact when many other businesses sell like yours. How are you going to differentiate? One of the most important ways to boost small enterprises’ business growth is to determine the companies from that using brand recognition.
Now, if another company copies you and promotes your logo and name, you will lose your credibility for the business. The only way to protect your brand from this inexpensive imitation is by exercising Intellectual Property Rights (IPR) privileges. The fastest and quickest way is to register marks in India online.
However, some misconceptions are better answered with logic and legal facts trademark registration in India. Break the myths and start building a brand by presenting the right facts.
Here are five things that are mistaken about IPR in India:
1) Small Businesses Won’t Need IPR
Some small businesses assume that brand registration is just for large companies because they cannot afford it. The truth is that money invested in protecting the identity of the organization would produce high ROIs. Understand that the size of the competition is not a trademark registration requirement. You must recognize the market opportunity and take TM protection early before your brand faces legal barriers to a certain growth level.
Even a little delay in doing what is require can be alarming because your competitor can exploit your brand’s weakness. A standard application enables the consumer to assert the first date of use, which is necessary for enforcing the right in subsequent disputes.
2) Trademark is Expensive
Numerous small companies consider the registration of marks a costly affair. Sadly, the probability of failure is miscalculate. They will eventually place their brand name at greater risk when they are famous. Other businesses or competitors will start to use your brand name and even sell the same as your business in such circumstances. This makes it virtually impossible to sue other businesses, so you cannot open court proceedings in a trademark violation. The only practical solution left for the company in these circumstances is to transfer.
3) There are no rights without registration
Perhaps the most common misunderstanding about trademarks is that your trade has no protection if you do not file the trademark. This point must be more important since, while the trademark’s registration benefits, unregistered marks can still benefit from these usage-specific rights. If you begin to use the logo for a commercial purpose, be it marketing, printing, or sales.
Your IPR trademark acquires trademark protection under common law in performing business activities. Be aware also that these commercially developed rights remain limited to a (local) geographic area. You can have the trademark proof of prior use to claim trademark user data, which can serve as a testament to using the mark for the business and thereby achieve profitability.
4) Marks are Worldwide
Although trademark registration is internationally related, it must file a national trademark application if it wants to extend its operations to other countries. Subsequently, for the International Trademark Registration, a app for the trademark can be launched under the Madrid Protocol. A foreign mark cannot be registered without first registering the foreign mark as part of the law in its country of origin.
5) I can claim damages from infringement
You must remember that legal proceedings require a substantial amount of time and money in the case of a trademark violation. Although it is feasible, not all of this is a realistic exercise for small companies. The person filing the trademark infringement petition (the applicant) must provide substantial evidence to demonstrate that a violation occurred. This means that the person (owner of the company) fears that everyone will copy their business name.
If the adversary may effectively establish previous use, the plaintiff can lose the right. If the plaintiff cannot offer sufficient evidence of fair use, and the opponent is use to make a case in advance, you can also lose the mark’s right. Therefore, a plan is essential to protect you well.
Conclusion
Always trust the business professionals when it comes to getting your trademark job done. It is a great way for businesses to protect their brand especially during times when businesses are going online. There’s always a team of IPR experts who can help you with the right information and assistance.
It is best to deal better with the more prevalent misconceptions related to trademarks’ registration so as to leverage the legal power that you can avail. Breaking such myths is ideal for getting the travel of brands underway.
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