Rights of Unregistered Trademark Holder/Owner in India
- He has acquired goodwill in his trademark
- The act of the defendant amounts to misrepresentation;
- The claimant has suffered or is likely to suffer damage due to the act of the defendant.
Rights Of Registered Trademark Holder/Owner in India
1. Right to Exclusive use : Right of Trademark Holder
2. Right to Seek Statutory Remedy Against an Infringement : Right of Trademark Holder
3. Right of Registered Trademark holder of Identical Trademark : Right of Trademark Holder
4. Right to Assign : Right of Trademark Holder
5. Right to Seek Correction of Register : Right of Trademark Holder
6. Right to Alter Registered Trademark : Right of Trademark Holder
Q1: What are the rights of a trademark holder in India?
Trademark holders in India have the exclusive right to use their registered trademark in relation to the specific goods or services for which it is registered. They can also seek legal remedies against infringement, including obtaining injunctions, damages, or accounts of profits from infringers.
Q2: How long does a trademark registration last in India?
In India, a trademark registration is initially valid for ten years from the date of filing the application. However, it can be renewed indefinitely for successive periods of ten years each, ensuring ongoing protection for the trademark.
Q3: Can an unregistered trademark holder take legal action against infringement?
Yes, an unregistered trademark holder in India can initiate legal action against infringement through the common law concept of passing off. To establish a case, the unregistered trademark holder must demonstrate acquired goodwill in their trademark, misrepresentation by the alleged infringer, and resulting or potential damage to their business.
Q4: What is the process for enforcing trademark rights in India?
The process for enforcing trademark rights in India typically involves initiating legal proceedings before the appropriate court or authority. This may include filing a lawsuit for infringement, seeking injunctions, damages, or accounts of profits, and presenting evidence to establish the violation of trademark rights.
Q5: Can I assign or transfer my trademark rights to someone else?
Yes, trademark holders in India have the right to assign or transfer their trademark rights to another party. The process typically involves executing a legal agreement or deed of assignment, which transfers the ownership of the trademark from the assignor to the assignee. However, it is important to adhere to the provisions of the Trademarks Act and any existing rights registered on the trademark register.