A trademark is a visual symbol in the form of a word, a device or a label applied to show objects of trade in relation to the buying public that they produce goods or are otherwise treated by a particular person even when distinguished from similar goods manufactured or traded by other people. A man who sells his goods under a particular trademark acquires a sort of limited exclusive right to use the mark in relation to those goods to be used. Such a right is recognized by the use as a form of property purchased and protected under the brand of general laws. A person can also acquire a similar right to a mark which is not yet used, under the Trade Marks Act 1999. The law of trademarks is based above all on the distinctive concepts of similarity between the marks and the similarity of the goods. Trademarks in India are protected under the Trade Marks Act, 1999.
A registrant can bring a suit in a US federal court and be eligible for statutory remedies such as mandatory treble damages and even criminal penalties in counterfeit cases. Clearly, an Indian company with a US registration is in an infinitely stronger position to enforce its valuable rights in its trademarks. Indian businesses indeed are heading in this direction of international trademark protection.
Even a regional celebrity such as Nalli Chinnasami Chetty, well known for its silk saris from Kancheepuram, has taken its name beyond the borders of Tamil Nadu and India. It has registered its Nalli mark, both the word mark and the stylized representation with the PTO, strategically placing itself to tap the expanding markets for its products abroad.
This registration provides a good platform for Nalli to consolidate its brand in the US, avail itself of all the benefits discussed and to begin to expand its products worldwide. Thus, protection of one’s trademarks with an international viewpoint in mind is necessary and vital to being able to fully compete and succeed in this increasingly global marketplace.
