Ultimate guide for Limitations of Trademark Law

 Ultimate guide for Limitations of Trademark Law

Trademark registration is the most effective way to protect a trademark from trademark infringement. However, the log is usually perpetual and has a number of limitations. Trademarks provide protection only in the country in which they are registered. The concept of territoriality is fundamental in trademark law. Therefore, having a national registry does not give you protection or rights in other countries.

For example, if your trademark is registered in India, this does not mean that someone else in England cannot register the same trademark for the same goods / services outside of India. You can only apply for protection in England if you have the trademark registered in England. Furthermore, using a grant in one country does not confirm that registration will be obtained in other countries. This article provides an overview of the limitations of trademark registration and the rights it offers.

Common limitations of a trademark

Functionality

An individual can only insure certain things with Trademark Registration . Therefore, the first limitation that can be talked about is: what can be registered as a trademark?

Any factor that improves usability or functionality is generally not protected. If you are selling a product with a particular packaging or a typical shape that only serves to make it different, then you can use a registered trademark for this. However, if this shape or packaging improves the usability of the product, registration is not possible. This rule helps to maintain healthy competition among competitors.

Geographic restriction

The brand is territorial. Geographical limits play a very important role in deciding in which countries the mark will be valid. When trademark registration takes place in India, the enforcement of trademark rights is valid only within Indian jurisdiction. If protection is sought in more than one country, a separate international application is required in that country.

Geographical indication and geographical limitation should not be confused. Let's understand: what is a geographical indication?

A geographical indication is a separate intellectual property protection that is different from trademarks. The trademark serves to distinguish goods and services from others while the geographical indication identifies the products of a particular region or locality. For example, Darjeeling / Patan Patola tea are examples of geographical indications.

Fair Use Limitation

According to trademark law, many trademarks have many words in common use, so the owner cannot claim exclusive rights to those words if his trademark is used in a different context. For example, trademarks used in comparative advertising, parodies and non-commercial use of trademarks in academic articles, media reports, etc. Therefore, you are not allowed to claim exclusive rights to trademarks if a third party uses your trademark in accordance with the doctrine of fair use. . For example, in the case of the “Super Nirma” trademark, the owner cannot prevent anyone from using the word super in their trademark.

Import restriction

Brand protection cannot prevent parallel imports. Parallel import under trademark law is considered legal. And therefore, when someone imports goods without the consent of the trademark owner in that country and sells them at a lower price, they cannot claim the rights under trademark law. The trademark owner has no right to prevent the subsequent sale of the goods anywhere in the company, as his rights to the goods expire after the first sale.

Bottom line

Trademark registration is essential for brands and companies as it helps drive the business, bring recognition and add value to the company. It goes beyond common branding boundaries by protecting a brand from unauthorized use of the brand. However, there are some limitations to the protection it offers. Consulting a professional can help you figure out if your brand falls under any of these limitations. A legal professional can guide and provide some steps that can be taken to create a strong brand.

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