Why Do You Need to Register a Trade Mark?

Recognition of a Trade Mark or a Brand is created through consistent quality products/services, advertising/marketing campaigns, brand recall, geographic presence, sales team, positioning, among many other parameters. However, with growing competition, every market player is required to have an edge over the other in order to win the race of profitability, along with gaining trust of the consumer as well as to build a strong reputation and goodwill for its goods/services so as to maintain its position in the Market. Registration of a Trade Mark gives one such exclusive competitive advantage, wherein, for instance, Trade Marks such as the ‘arches’... Read More

Effect of Acquiescence on Trademark

The dictionary meaning of acquiescence is the reluctant acceptance of something without protest. The Trade Marks Act 1999 talks about the “acquiescence” under Section 33 of the Act and is based on the well settled principle-  "Equity aids the vigilant, not those who slumber on their rights." It means a person who has been wronged must act relatively swiftly to preserve his rights. The proprietor of the trade mark must remain vigilant about any unauthorized use of his mark by others and if he doesn’t, he would not be entitled to claim any relief under the Act due to inaction on his... Read More