Different Rights of Trademark Holders?

Dec 232024

Trademark is a type of intellectual property right which includes any combination of words, names, symbols, and devices. Simply speaking, a trademark is a brand name and a logo or sign that effectively sets one product or service apart from another. No one can violate the rights of the trademark owner once it has been registered with a trademark lawyer India. Since a variety of copyright, trademarks, designs, geographical indications, patents, industrial designs, and integrated circuits are advantageous assets for any business, intellectual property plays a vital role in modern business. There are different rights of both registered and unregistered trademark holders which we will discuss in this article.

Registered V/S Unregistered Trademark

The trademarks are recorded in accordance with the Act’s conditions. A person may, however, have either registered or unregistered trademarks because trademark registration is not compulsory in India.

Registered Trademark

The brand is registered in accordance with the brand Act of 1999. The sole rights of the registered trademark belong to the person who registers it. Only after registering their trademark can an individual use their goods and services. A registered trademark is valid for ten years and the trademark owner can renew it even after the expiry of its validity.

The foundation of goods and services can be identified with the help of a registered trademark. Additionally, it shields consumers from purchasing counterfeit goods. It has the authority to sue someone who uses another identical trademark in violation of trademark rights.

Unregistered Trademark

Under the Trademark Act, unregistered trademarks are not registered. Unregistered trademarks can be used in goods and products, but they are not eligible for the Act’s legal protections. Although, under the common law, they are safe. If a trademark is not registered under the Act, no one may sue for trademark infringement. The owner of an unregistered trademark is responsible for proving the worth of their goods and reputation. Once the public recognizes it, it may be protected.

Rights of the Registered Trademark Holder

Remedy against infringement

If rights have been violated, the trademark owner may pursue justice. He might also sue for the harm that was done. If the trademark is not registered, the infringement process cannot be carried out, and any damages that arise cannot be recovered.

Exclusive Right to the Registered Trademark Holder

It occurs when more than two people are listed as trademark owners. They look exactly the same or quite similar to one another. People are not considered to have obtained the exclusive right to use trademarks just by registering them.

Right to assign

The right to assign the trademark for the price with the receipt belongs to the owner of the trademark holder.

Right to Alter Registered Trademark

If the trademark owner wishes to change the trademark, he can submit an application to the registrar.

Rights of an UnRegistered Trademark Holder

Another person’s use of the same trademark may be prohibited by the unregistered trademark holder’s rights. Competitors who use it without permission risk passing it off, which is different from the rights of registered trademark owners done by top intellectual property law firms in India. One can seek common law assistance in a situation like this.

The claimant may bring action against the passing-off:

Goodwill: if his trademark incorporates his goodwill. Because of his trademark, the claimant possesses goodwill, and the defendant has used it for his own purposes.
Damages: The reputation of the original product may be harmed if the claimant has sustained any losses as a result of the defendant’s confusing actions.

Fabrication: The defendant committed misrepresentation, which could divert the buyer’s attention from the real product and cause confusion among the people