No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.
Yes, a three-dimensional mark is registrable.
International Classification of goods and services (Nice Classification) is adopted in India.
It shall depend on the circumstances of the matter. But ordinarily a registered user can’t restrain third party from using identical or similar mark if third party has been continuously using the mark in relation to the same goods or services for which mark of registered user is registered provided third party has been using the mark from a date prior to date of use of registered mark or date of registration, whichever is earlier.
Trademark search must be completed before filing a trademark application to find potential conflicts with existing trademark applications or registered trademarks. You can do a trademark search by providing the wordmark and the class under which the search is to be conducted. Trademark application is made under 45 different classes as per the NICE classification for trademark. Each of the trademark class represents a distinct set of goods and services.