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Protecting Your Brand: Why Registering Each Distinct Part of Your Trademark Separately is Essential

Trademark law in India follows the principle of "trademark should be considered as a whole," which means that trademarks are considered as a whole and cannot be dissected into individual elements to proof similarity between the two trademarks. This principle is often used by infringers to argue that the use of a similar or identical mark that includes the unregistered elements does not infringe on the registered trademark. To avoid this argument, it is advisable to register each distinct part of your trademark separately.

By registering each distinct part of your trademark separately, you can ensure comprehensive protection for all elements of your trademark. In case of any infringement, you will have exclusive rights to each registered element of your trademark, and you will be able to prevent others from using similar marks that include the unregistered elements.

Moreover, registering each distinct part of your trademark separately can increase the value of your brand. Each registered element can be considered a valuable asset, which can enhance your brand's reputation and marketability.

In conclusion, it is advisable to do so to prevent infringers from raising the argument of "trademark should be considered as a whole." By registering each distinct part of your trademark separately, you can ensure comprehensive protection for all elements of your trademark and increase the value of your brand.


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