Trademark Enforcement

The enforcement of intellectual property rights is the means used to defend a right/to test its validity. Sometimes, Enforcement is thought to be synonymous with litigation. However, enforcement encompasses a much broader range of legal, administrative & commercial strategies. The main focus of the current evaluation has been to look at ways of strengthening trade mark rights & providing more certainty about the validity of rights, by this means potentially reducing the need for enforcement action. The Advisory Council on Intellectual Property has also looked at other aspects of trade mark enforcement, Such as the seizure of infringing goods & the interface with other rights, but has not roofed the issue of enforcement in the courts. This is the subject of a separate assessment Undertaken by ACIP into the potential extension of the jurisdiction of the Federal Magistrates Service.

The registration of your trademark is only the beginning of the brand protection process. The act of enforcement also includes making convinced that federal registrations are maintained. The Trademark Office in India requires periodic filings/they will cancel your registrations. Trademark owners should police their marks against unauthorized use or they risk losing expensive rights. It is very important to teach authorized users to make use of the marks correctly as well as monitor their use. Several trademarks have been lost during neglect and failure to take simple steps to eliminate infringers.