Advantages of Trademark Registration

An intangible property

For a trade, any property has value. A registered trademark is considered by law a property that is identifiable and intangible. It signifies that the trademark has value to it because it is the symbol of the reputation the product or service has. Furthermore, a trademark registration works similarly to other assets of a company. It can be sold or transferred at any point in time.

A common trademark, on the other hand, cannot be separated from the business, i.e., an unregistered TM is always attached to the enterprise. If another company wants to acquire the goodwill that comes with a common trademark, they have to purchase the entire trade and not just the mark.

The exclusive right

A registered trademark can only be utilized by the owner of the mark and product or service they cater to. If someone else other than the proprietor makes unauthorized use of it, they face legal charges. The authoritative legal remedies that come with TM registration is the most significant benefit of it. Some of the actions that can be taken are:

· Suing for infringement

· Interdiction

· Delivery of infringed articles

· Payment for damages

A major deterrent

The presence of a registered trademark deters other business owners from using the same or similar mark on their products or services. It guarantees that a good maintain its goodwill.

A security pledge

If an enterprise wishes to secure a loan, it can utilize the registered trademark in a manner comparable to immovable property. In other words, a Trademark registration in Jaipur can be pledged as security to gain a bank loan.

Right to licensing and others

Only a registered trademark has the right to:

· Use the symbols® or "R" on an item or service.

· License the mark. The same is recorded on the trademark registry. It gives the licensee the legal right to initiate any proceedings in case there is an infringement.

· Be transferred to another entity, person, or business.

· Obtain registration in a few foreign territories. This allows the brand protection at a global level while it is expanding its operations.

As evidence in proceedings

The act of registering a trademark is taken as evidence of the validity of the registrations and the rights that come with it. In a circumstance that required legal action related to the trademark, the certification proves a person as the proprietor of the trademark. The original registration record is taken as proof until it is proven otherwise.

A right to the action

Under the Counterfeit Goods Act 1997, the owner of an intellectual property, which in this case would be a trademarked item or service, has the option to take criminal or civil action against a business or individual who was involved in counterfeiting. The CGA also affords the same right to any person who has an interest in the goods that were counterfeited.