What is trademark
You can use the brand name of your company as trademark and in India using the same establishes your right over your brand. From the legal point of view it is not mandatory to get your trademark registered. However if you do register with the Indian Trade Marks Registry or TMR then you can enjoy a lot of benefits.
What is trademark in India
Registering your trademark ensures protection to your brand name as well as company interests. If you do not register then you have to entirely depend on common law rights that differ according to location. Moreover without registration you will not be able to prevent someone from registering a trademark that has lot of similarities with yours. Apart from that you may also be prevented to expand your unregistered trademark or your attempt to register may be thwarted by the one who has registered a trademark identical to the mark that you have. This will create problems for you. Therefore it makes sense to opt for early registration. If you do that then the TMR will not allow another to use a similar mark and you will have complete rights over your trademark. And you will not face any restriction whatsoever if you decide to expand your brand.
What is trademark Act
By virtue of the trademark act there will be no infringement upon your registered mark. Moreover you get the legal sanction to file a case in case of infringement. Registering your trademark also ensures that you will get compensated if you suffer damages because of infringement of your mark by another party. You get the right to use your mark in any part of the country. Although your right is presumptive initially yet within five years and one month of use it becomes unquestionable. Other companies will desist from incorporating a similar trademark. If another entity develops merchandise that looks infringing or counterfeit then the same can be seized on the basis of your trademark registration with TMR.
So these are the benefits as well as advantages that you get if you register your brand with TMR.