Trademark Law In India In Miami-Dade
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Answer: No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for the infringement of unregistered trademarks.
Unregistered trademarks may also be protected at the state level by statute and/or common law. Under state common law, trademarks are protected as part of the law of unfair competition.
Registering your trademark with the U.S. Patent and Trademark Office (USPTO) gives you trademark protection throughout the United States, but it does not protect your trademark in other countries. To protect your trademark abroad, you need to register it with the foreign countries where you want protection.
Registering your trademark with the U.S. Patent and Trademark Office (USPTO) gives you trademark protection throughout the United States, but it does not protect your trademark in other countries. To protect your trademark abroad, you need to register it with the foreign countries where you want protection.
To prove trademark infringement in India, three elements must be established. These elements include: Valid Trademark: The first element is that the plaintiff must have a valid and registered trademark in India. A valid trademark must be distinctive, not generic, and not deceptive.
The Trademark Act, 1999 inter alia aims at providing for the registration of service trademarks and collective trademarks, enhanced protection to marks categorized as well- known marks, and the constitution of the Intellectual Property Appellate Board (IPAB) for speedy disposal of appeals and rectification applications ...
