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Trademark Registration India » Trademark Enforcement
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Trademark Enforcement |
The 'enforcement' of intellectual property rights is the means used to defend a Right or to test its validity. Sometimes, Enforcement is thought to be synonymous with litigation. However, enforcement encompasses a much broader range of legal, administrative and commercial strategies. The main focus of the current review has been to look at ways of strengthening trade mark rights and providing more certainty about the validity of rights, Thereby potentially reducing the need for enforcement action. The Advisory Council on Intellectual Property has also looked at other aspects of trade mark enforcement, Such as the seizure of infringing goods and the interface with other rights, but has not covered the issue of enforcement in the courts. This is the subject of a separate review Undertaken by ACIP into the potential extension of the jurisdiction of the Federal Magistrates Service (FMS).
The registration of your trademark is only the beginning of the brand protection procedure. The act of enforcement also includes making sure that federal registrations are maintained. The Trademark Office in India requires periodic filings or they will cancel your registrations. Trademark owners should "police" their marks against unauthorized use or they risk losing valuable rights. It is very important to teach authorized users to use the marks correctly as well as monitor their use. Several trademarks have been lost through neglect and failure to take simple steps to eliminate infringers.
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