Harpreet Oberoi is author of Jotwani.com. Jotwani Associates provides copyright registration services through best Indian copyright lawyers.
Trademark right in Indian Union arise by the use of Indian trademarks. Trademark filing in India does not include any specific legal requirements. However there are a number of benefits to enjoy when having your trademark registered with Indian TRM or Trade Marks Registry. Indian trademarks registration is possibly the most crucial piece of the intellectual property protection program of a company. Therefore without proper trademark registration the company would entirely rely upon common legal rights in the geographic area where the company uses trademark.
Most important, without this registration the latecomer might even register a mark similar or identical to their own mark. Therefore this registration by other company might block expansion of your company is using your trademarks in the area and even block your future trademark registration. This means that if you have registered at the right time your company would have all the superior rights to the latecomer and block their expansion. You can file trademark at any trademark office India under the guidance of top lawyers in India.
Some other benefits of trademark registration India apart from the aforementioned include,
Trademark filing in India offers constructive notice of your registration and also defeats any claims which the infringer dint know that you had already registered trademark.
Trademark registration India creates jurisdiction to file trademark infringement action at the business place of plaintiff.
The credible rights can also become incontestable when you use Indian trademarks within the next five years.
Some other companies which conduct trademark search before adopting the trademark would most likely not adopt a mark strictly similar to the trademarks of your company.
Your registration on Indian trademarks register would be the basis for the convulsion of infringing merchandise and counterfeit.
Additionally if you need to expand offshore then the date of trademark filing might even be used as the precedence date in other countries if they are members of an International agreement.
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