Overview

The economic market is coming with new brands and products every day. In order to make one's goods/ services stand out, the Trademark registration in India can become your most efficient marketing strategy. If mixed with the right branding trick it can aid in maintaining the brand, so that the common people will recognize a specific quality and image with goods and services having your trademark.

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Objective

It is seen that with the continuous use of a brand name, the products start getting recognition and appreciation among the customers, and whereas with the increase in competition the brand name becomes more prone to chances of getting duplicated or other people passing off their goods and services as if they are of their original brand name. The trademark law is one such law that helps in preventing this and gains the rights of both the brand owner by safeguarding the dilution of the mark and saves the customer from being cheated. Hence, the most valuable function of a trademark is the identification, source, quality, security and advertising.

• Identification: Once when registered, the trademark becomes known as the owner’s asset, and only with registration a person can gain exclusive rights to safeguard oneself from using a similar-looking mark/logo for their brand. Many popular brands are known by their trademark and trade dress, it becomes a mark of recognition like Cadbury is known by its purple packaging, Colgate is directly linked with toothpaste, it doesn't matter what brand it might be. Colgate has now become synonymous with toothpaste. Therefore, in many types of brands, the trademark is through which the brand is known for.
• Source and Quality:  Registered trademark gives the customers the surety of the products source and a promise of its quality. Customers mostly link quality with the brand, once the brand becomes popular among the consumers the demand increases. All the designers and popular brands make money due to the brand name associated with it. A saree is not a simple saree once the name Sabyasachi is linked to it. The designer can charge whatever he wants stating the quality standard, and people would purchase and pay a big amount of money just because the outfit has the trademark of Sabyasachi on it.
• Security: A trademark right is not a relative right or a claim right against someone but it's an exclusive right effective against the public. When the trademark is registered it is applied to everyone who comes under the jurisdiction where the trademark is registered. It provides the right which is without any difficulty to the trademark owner to use his rights and prevent any other person from unauthorized use of his trademark or from capitalizing from the goodwill of the trademark. The registered trademark owner has the right to sue a person who violates any such rights and claim damages which are being incurred.
• Advertising: Social media is one of the most growing and important ways of advertising. With an increase in e-commerce transactions, the value of online trademark registration in India has increased. As the market is not limited to being local or national, the security of the brand name is most important among others. Globalization has a two-way effect on the product or service that is made available to the public in large, in a way it increases the business and the revenue coming from it, but it also increases the chances of trademark violation and mixing of the brand name due to unauthorized use. Therefore, making trademark registration is an essential requirement for all brands and companies.

As trademark registration is so valuable, it is also important to know what names/ words are permitted to be safeguarded under the trademark law as it narrows the scope of protection. There are certain words/ names that are not permitted to be registered as a Trademark, hence making it important to check up on these before making sure of the brand name.

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Grounds of Refusal

As per the trademark provision in India, a trademark can be registered only if it fulfils certain needs. The registrar can object to a trademark from being registered in some cases. Section 9 – Absolute Grounds of Refusal and Section 11 – Relative Grounds of Refusal of the Trademarks Act, 1999 states the situations when a mark cannot be registered.

The Absolute Grounds of Refusal Are:

1. The mark lacks uniqueness: Right names/surnames, laudatory words, invented or random words.
              
2. The mark is illustrative of the attribute of the goods or services
              
3. The mark comprises exclusively of marks or signs which have become usual in the accepted practices of the trade: ISI Mark, UN.
              
4. It is likely to deceive the public or cause confusion: Apple air conditioners.
              
5. It comprises or contains scandalous matter
              
6. Words whose use is forbidden under Emblems Act: Ashok chakra, Indian flag.
    

Relative Grounds of Refusal:

1. If there is a probability of confusion between an already existing mark and the mark applied for.
              
2. Identical or similar trademarks cannot be made registered even if the class is dissimilar, especially in the case of established trademarks.
              
3. Likely to make deception or dilution of an existing mark.
    

These are the cases which show why a prior search of trademark names is of great value and an advised practice. It results in the saving of time and money of the applicant and the registry. Once registered, the trademark is valid for 10 years, after which to get the registration a renewal application has to be filed at the end of every 10 years.

Conclusion

Trademark Registration in India aids in propelling an enterprise or a company in many forms, it provides an exclusive right to the manufacturer to protect its brand and eliminate all others from doing so. With that, in case an infringement comes the right is statutorily safeguarded. The premise of trademark protection is that no man is entitled to sell another’s mark/ brand name under the impression that it belongs to him. The goal is to safeguard the owner and the consumer in case of any deceit or confusion.

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BY - SHRUTI KULSHRESTHA