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No. However, a trademark registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
Answered on 28 Sep 2018
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Hi. This is an interesting query that you have put forward. First, let's understand the value of a trademark. A trademark is a 'brand'. It differentiates your product in the market. It allows you to charge higher than the competition. e.g. Nike charges higher than Bata because of its superior brand value.
Let us say you run the famous restaurant chain Haldiram. It's brand value is so high that you are willing to pay Rs. 100 for a Chhole which might cost you Rs. 20 on the street. There are unscrupulous elements that will try and utilise the value of your brand by setting up 'fake' Haldirams and try and charge as much as you.
This will allow the infringer's profit, but it will ruin your brand as people will start saying bad things about the product of Haldiram. A registered trademark is a 'prima facie' right of ownership. This means that in case somebody is misusing your brand, the Court will look at your registration and likely pass an order in your favour. Overall, today's businesses are about branding.
And if your brand is valuable, you should do everything to protect it. If you don't protect it - it will be made 'generic'. Which means you cannot stop others from using it. Examples include - 'Escalator', 'Dry Ice', 'Aspirin'. Now imagine if everyone had to pay a royalty to use these terms, the owner would have been very rich. But when you do not protect your brand, it loses legal rights. Hence, to cut a long answer short. Yes. You need to register your trademark.
Answered on 11 Jul 2019
With respect to your query, the legal opinion is as under:-
(1) As per the Trademarks Act, 1999 statute that lays down the laws for Trademarks in India.
(2) A trademark can be a registered trademark as well as an unregistered trademark.
(3) Registration is not mandatory in India, but it is advisable to do so. However, both have certain benefits and drawbacks.
(4) A “registered trademark” confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services.
(5) An “unregistered trademark” is one which does not possess legal benefits.
Answered on 19 Jul 2019
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