In India, Trademark is valid for 10 years, but one can continue enjoying the perks of monopoly by renewing it on regular basis.
But unfortunately, this monopoly is protected and can be enjoyed to a territory or jurisdiction. In simple terms registered trademarks only grant protection in the country they are registered in, and its territorial dependencies.
For example, having your trademark registered in India does not in any way prevent other companies or persons from registering the same trademark in the United States, Germany, and China. A registered trademark in Europe would only be recognized and granted protection in Europe and its territorial dependencies.
In case you are effectively offering your products or services or you are planning to offer your products or services in the future globally, make sure that you get your trademark registration in that country and its territorial dependencies as well.
This is what happened with TOYOTA in Toyota V/s. Prius Auto, Toyota launched the world’s first commercial hybrid car under the brand name “Prius” in Japan in the year 1997. In India however, the car was released in the year 2009. Although Toyota having registered trademark for “PRIUS”in Japan and other countries but not in India, In the meanwhile an Indian company named Prius auto who are into manufacturing of spare parts of automobile applied for the same in 2009 and got registered. After knowing the fact Toyota filed a case against the Indian but could not get any relief on the ground that Toyota “PRIUS” is not having any presence in India at the time Indian company applied for the registration.
Supreme Court acknowledges Territorial rights supreme than the prior user rights and held that a mark has separate existence in each sovereign country. In other words, under the Territoriality Doctrine, prior use of the trade mark in one jurisdiction would not, by that very fact, entitle its owner or user to claim exclusive rights to said mark in another dominion.
For any kind of assistance you can write us at info@trademarkkaro.com or call us on 9540295932.
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