Trademarks serve as unique symbols companies employ to differentiate their products or services, and are safeguarded in India under the Trade Marks Act, 1999.
This protection is of utmost significance as it guarantees the recognition of the brand, prevents counterfeiting, and establishes a unique brand identity.
It also builds customer loyalty, enhances competitiveness in the market, and provides legal remedies in cases of infringement.
To explain this with a recent example, there was a popular trademark dispute between the global fast-food giant Burger King and the local Indian company R.K. Overseas.
R.K. Overseas had contested the validity of Burger King’s trademark registration in India, claiming that it resembled its own registered trademark, ‘Burger Singh’.
In April 2023, the Delhi High Court sided with Burger King, holding that Burger King’s trademark had gained distinctiveness in India through substantial usage and promotion.
Additionally, the court recognized Burger King’s longstanding global reputation and its bona fide registration of the trademark in India.
In my opinion, this judgment highlights that a robust reputation and extensive use of a trademark can offer legal protection against challenges from competitors.
Is there another way for a brand to protect itself from potential litigation?
Consider trademark monitoring, which involves ongoing and careful scrutiny of the market to detect any potential trademark violations or unauthorized usage.
Swiftly identifying and rectifying potential trademark violations helps prevent confusion among consumers and safeguards the brand’s positive image.
It further aids in uncovering counterfeit goods and unauthorized parallel imports, ensuring both the company’s financial interests and the consumers’ trust in the brand’s authenticity are protected.
As a founder, are you keeping a constant watch on potential infringers?
