Kavita Mundkur and Aditi Verma of Krishna & Saurastri highlight the crucial steps in protecting a brand
Trademarked brands are the key identity of businesses in contemporary times. They hold much more value for a business group than the corporeal assets of a company owing to the fact that they are the most sustainable and dominant wealth fetchers in the world.
In India too, business groups, whether well established or newly formed, have always aimed to safeguard their valuable trademarks as part of their IP portfolio.
In India, trademarks rights are either accrued statutorily by virtue of registration under the Trade Marks Act, 1999, or by virtue of use under common law principles. Both statutory and common law rights over a trade mark in India give a proprietor the exclusive rights to use a mark for their goods or services. These rights also restrict others from registering or using an identical or closely similar mark to cause consumer confusion or deception. Registration is considered to be prima facie evidence of proprietorship over a trade mark and so brand owners mostly aim to secure statutory rights over their brands.
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Kavita Mundkur and Aditi Verma are associates at Krishna & Saurastri in Mumbai.
