The standard lists a number of situations in which the brand cannot be considered new. The concept of novelty, such as' originality, is a quality inherent in the distinctive function of the sign which, to be distinctive, must be original and new. The novelty is played in the context of commodity reference, there stands out compared to competitors. The brand has to be new to be different from the brands that already exist with regard to identical or similar products for which it can create confusion. The mark can only be registered or used; sorting provides the ability for operators to register their trademarks. Trademark registration is a huge advantage, because recording the brand you buy immediate protection that applies to the entire national territory, even if the trademark has not been used yet.

The concern higher authority ensures that when you register your trademark you have the right to prevail over all the signs that are identical or similar to the subject. It is also possible that an operator decides not to register the mark, the choice is left to record the evaluation of pros and cons. The advantage not to register the mark is not to bear the costs of registration. Nowadays, in a society where the contact with the customer is virtual and where companies have the opportunity to acquire the financial resources through tax and loans, the idea is strange not to register a trademark. In the past, many brands were not recorded and are now a minority unregistered trademarks, unregistered trademarks exist and have their protection.

A trademark can be considered new only if it differs from the earlier marks already registered for goods that are similar to those of the registrant, but if there is a brand that has not been registered yet, however, is used and has achieved a reputation at the national level, preclude the registration of another brand . This rule is expressed as an application of the principle of unity of the distinctive signs, i.e. that each of them fulfills a different function, there is a connection between these signs; signs are already used similar businesses that offer similar products.

When the legislature identifies the requirements of novelty, builds these characteristics with severity, that is not enough to be different from similar marks, you have to be different from other brands, and looking to the past is not enough to differentiate itself by signs that may be registered trademarks, but differentiate by signs that were recorded but are in fact used. Thus, get with the rules and regulations of trademark registration in India and get safe your brand from any of the illicit facts.