Trademarks in India may be registered or unregistered under the Indian Trademarks Act, 1999 ('the Act').
It may surprise you to learn that your trademark receives some legal protection, even if it’s not officially registered with the concerned authority. Such protection for unregistered marks is based on common law, which unregistered trademarks (denoted by ‘TM’ symbol in superscript) obtain simply from use.
While the extent of protection is limited but it is still protected against infringement.
Look for marks that appear similar to yours. Being on the lookout can help you deal with possible infringements and ensures that your trademark is not misused/misrepresented by third parties.
In order to register a trademark or to address any conflicts that may arise in the future, cross check existing trademarks in the market to avoid any objections that could arise out of it.
If you find a particular trademark and feel that it’s violating yours, then you should file for the opposition.
Always use the ®symbol to let people know that your trademark is registered. It sends out a signal that your trademark is registered and anyone copying it would be infringing upon it.
The first step is to contact an attorney specialising in trademark law. He or she will help you through the next steps:
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