Trademark Protection

As a general rule, the only way to protect the trademark rights against infringement is by filing a suit for passing off. In such cases the burden of proof is on the plaintiff. Registration affords better protection to trademarks; it not only simplifies the enforcement of rights in a better manner but also enables the proprietor to assign the trademark without the goodwill of the business to third party to use the mark as registered or unregistered user. The registration of mark gives exclusive right to the registered proprietor or user of the mark to use the same in relation to goods or services for which it is used. Violation of the right means enforcement of action pertaining to the infringement. Thus trademark can be protected even if it is unregistered but it will involve a lot of complexities and procedure. At the same time a registered proprietor is a much better medium for enforcement of right against possible violation.

International Trademark Protection

The manufacturers and traders of various businesses are known in the National or International market by their Trademarks. Trademark plays a very vital role in making the goodwill or reputation of the proprietor or user apart from his skills and hard work. Customer differentiates between different products on the basis of trademarks. Thus it is extremely important to protect trademark at the national and international level. Major Trademark management throughout the world started with the Paris convention in 1883 and the Madrid agreement in 1891, but has remarkably developed in the last 30 years. International trademark protection provides an opportunity to the user to plan their marketing strategies and to file a single application in all countries for enforcement of rights confined in Trademarks.