The Trademark registration confers upon the owner exclusive rights to use the registered trademark in relation to the goods or services in respect of which the mark is registered. However, the exclusive right is subject to any limitation of area of use as entered in the register.
The registrar by virtue of Section 23 upon registering the trademark and issues the certificate of registration to the applicant. The date of registration of trademark shall be the date of filing of the application. Though registration of a trademark is not compulsory registration establishes that the registered owner is the proprietor of the mark covered by the registration.
A registered trademark is an intangible asset for a business and is used to protect the company’s investment in the brand or symbol. TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get trademark registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks.
The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. The United States, Canada and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use. Still common law trademarks offer the holder in general less legal protection than registered trademarks.