The Why and How of Trademark Protection

The sheer number of Trademark infringement cases filed in India alone loudly tells the importance of registering your Trademark. Business entities across the industry segments seek Trademark protection to secure their brand names, logos, signs, symbols etc associated with their products or services.

As to why it is important to register a Trademark, the best in case example would be trademark infringement/ domain squatting case between Tata Group and Makemytrip.com over a domain registered by latter under the name oktatabyebye.com. Read more about this case here: http://goo.gl/uqGIQ

Thus it is important for upcoming startups to make sure they do not fall under the threat of Trademark infringement and at the same time secure exclusive rights over their own brand name, logo etc.

As to the How of Trademark protection, the first step would be to find out the class(es) under which your product/ services fall. These classes are defined under the Trademark laws and rules of the country and are more or less uniform all over the world. See the Classes under Indian Trademark Rules along with their brief description here: http://goo.gl/Ex2E7

Once the relevant classes are identified, it is important to do a search to find out if any similar registered marks exist. Based on the search results, you can proceed with filing a Trademark registration application.

In our next article, we tell you the steps to be taken for filing a Trademark registration application at Indian Trademarks Office.

 

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