Swati Sharma and Safir Anand provide an overview of the trademark regime in India, and the efforts rights owners must undertake to protect, preserve and monetise their intellectual property.
Registration of a mark – the timeframe and cost, the system of examination and prosecution – is just the first step in the commercialisation of a mark to be used in trade. Once the inherent rights are secure, can the proprietor begin to explore options to exploit the full value of the mark. Whereas self-adoption is but one business model, willingness to license or assign marks can be a lucrative option too, and reveal unexplored commercial options. However, to protect the trademark from unauthorised use, litigation and enforcement remedies are quintessential.
This chapter was published in Getting the Deal Through: Trademark (2015).
To continue reading, please contact us at email@anandandanand.com