Is Trademark Registration in India Must?

Trademark Registration

Trademark Registration in India is primarily done to protect a company’s services and goods. These services and goods can be anything, ranging from company’s logo to their tagline to their products. It ensures the protection of your services. You can go for a national Trademark Registration (simply Trademark Registration) or you can go for International Trademark Registration. Requirements for both types of Registration is quite different and as the name suggests, the level of the protection they provide is different. In India, if you want to register your trademark, you first need to select one, such that it is not similar to some already existing trademark, then select the class of your services or goods. File an application, which upon verification will be approved. A Trademark Registration certificate will be issued to you, thus completing the registration procedure successfully. There are few rules and procedures that are to be strictly followed. But the question remains the same, Is trademark Registration Must?
Technically speaking, Trademark Registration in India is not must. However, some countries have made trademark registration a must. Howsoever, In India, you have the liberty to choose whether you want to register a trademark or not.
But then why will someone want to undergo the process of filing forms and waste money on something which is not mandatory simply because of the salient features provided below:

• Other than protecting your company’s services and goods from any kind of misuse, trademark raises your company’s level. For a customer, a trademark can make you a reliable source. It can also help in creating a good profile in front of potential investors and partners. It can create a good brand value which can increase the valuation of your company.
• It gives you the exclusive rights to your trademark, that is no third party can use it without your permission since it’s a punishable offense.
• Imagine a scenario, your rival is passing off his products with your brand and making money at your expense. A trademark can protect your brand from competitors or rivals who might steal your brand. It might also ruin your carefully created brand image. You can sue them if they pass off their products as yours but it would be more difficult to prove the usage of your trademark if it is not registered.
• The protection, that is the time period for a registered trademark is ten years. Ten years of protection by filing a form and selecting a unique trademark which will help create your company’s identity.
• Since your trademark is published in a register of trademarks, indirectly it gives you visibility.
• A simple ® mark can make your company’s standard rise noticeably.
• It is easy to obtain as long as you propose a valid trademark and is cost effective when compared to its validity.
• If you have a lot of goodwill and someone else wants to buy your trademark, you can earn a high price for it.
• Besides an international trademark registration will grant your trademark protection in 98 countries across the world.

All these features can make Trademark Registration important, but again it’s not mandatory. If you wish to protect and get exclusive rights to your services and goods, register a trademark today. We, at LegalRaasta, can assist you in registering your own trademark and make it an easy and quick procedure for you.


This article has been contributed by Simmi Setia, Content Writer at LegalRaasta, an online portal for GST Software, GST Return Filing, GST Registration, Section 8 Company Registration, Nidhi Company Registration, IEC Registration, Fssai License, File ITR Online.