The proprietor should use and renew the trademark regularly and in time. If the trademark is misused by others he should file a suit for infringement and passing off and also take criminal action.
The proprietor should keep a watch in respect of trademarks published in the Trade Marks Journal and institute opposition proceedings if identical or deceptively similar trademarks are advertised. He should initiate rectification proceedings if an identical or deceptively similar trademark is registered.
International trademark protection:
ADVERTISEMENTS:
There is no system as yet wherein a single trademark application is sufficient to protect the trademark right internationally. However, Paris convention provides certain privileges to member countries in trademark registration.
A party that files their first trademark application in a member state of the Convention, such as India, can within six months of that filing date file applications in other member countries claiming the priority of the first application.
If such a trademark is accepted for registration it will be deemed to have registered from the same date on which the application is made in the home country.
Image Source: unionandina.com
ADVERTISEMENTS:
It is also possible to utilize multinational filing systems in certain regions in order to obtain trademark protection. For example, Belgium, the Netherlands’ and Luxembourg have a single trademark registry, referred to as the Benelux Trademark Register.
The European consisting of 15 countries has adopted its own trademark system, known as the Community Trademark.
The African Organization for Intellectual Property (OAPI), a group of African nations, have replaced their national trademark offices with a common trademark office which offers a single trademark registration valid in all of the member states. Almost all countries have trademark offices in which applications may be filed.
Therefore, when contemplating trademark protection in various countries, it is most helpful to start with a list of countries where registered trademark protection is available. Deciding where to register a trademark involves various considerations.
ADVERTISEMENTS:
Countries where a trademark is currently in use, but prior use of trademark is not recognized, should be the first to be considered for seeking registered protection.
If commencing use shortly or expanding use to other countries within a few years, then such countries should also be included. The last group of countries should be those have a history of unauthorized registration of other’s trademarks.