A trademark once registered and established with its own equity and good will is an asset for any business to project its unique values and positioning to the consumers. Brand owners invest so much resources to strengthen brands and trademarks through advertising, promotions, through various media properties and ensuring certain associations with each brand to ensure its place in the minds of the consumers. Every country in the world allows businesses to register its trademark to avoid future disputes and unwanted litigations and distractions to business leaders. It forms part of the identity of the brand and values it stands for therefore acquiring faith and trust in a trademark. Trademark authorities make sure that no trademarks are registered if they look similar, deceptively similar and phonetically similar to an existing registered trademark.
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Trademark owners can use TM once the application is accepted by the authority and the marks are published in the Trademark Gazette for opposition from general public and ® can be used once the registration is complete.
Each Trademark registration is valid for 10 years and will lapse if not renewed. The registration can be renewed for additional periods of up to 10 years, following the payment of the renewal fees.