A Trademark in India is a symbol, word, phrase, logo, or a combination of these that identifies and distinguishes the goods or services of one business from those of another. It is an intellectual property right that helps to protect a company’s brand identity and prevents others from using a similar mark that may confuse the public.
Trademark registration in India is governed by the Trademarks Act, 1999 and the rules made thereunder. The registration process involves filing an application, examination of the application, and publication of the mark in the Trademarks Journal. If there are no objections or oppositions, the trademark is registered and a certificate of registration is issued. The registration is valid for ten years and can be renewed further. In this blog, we will discuss the difference between a Registered and an Unregistered Trademark.
What is a Registered Trademark?
A registered trademark is a trademark that has been officially registered with the relevant government authority, such as the Office of the Controller General of Patents, Designs, and Trademarks in India. Once a trademark is registered, the owner of the mark obtains exclusive rights to use the mark in connection with the goods or services for which it is registered.
Registration of a trademark provides several advantages to the owner, including legal protection against infringement, the ability to sue for damages, and the ability to license or sell the mark. It also provides evidence of ownership and helps to establish a company’s brand identity.
What is an Unregistered Trademark?
An unregistered trademark is a type of trademark that has not been officially registered with the appropriate government agency and the owner of the said trademark uses it without obtaining its registration certificate.
Difference Between Registered and Unregistered Trademark
A registered trademark is a trademark that has been officially registered with the relevant government agency, such as the Office of the Controller General of Patents, Designs, and Trademarks in India. On the other hand, an unregistered trademark is a trademark that has not been officially registered with any government agency.
Registration provides the owner with several legal benefits, including the exclusive right to use the trademark in connection with the goods or services specified in the registration, the ability to sue for infringement, and the ability to obtain statutory damages and attorneys’ fees in case of infringement whereas an unregistered trademark offers no such benefits.
In India, as in many other countries, a trademark can be registered or unregistered. The key differences between registered and unregistered trademarks in India are as follows:
Legal Protection: A registered trademark is provided with statutory protection under the Trademarks Act, 1999, while an unregistered trademark is not protected under any law. Ownership: A registered trademark is owned by the person or company that has registered it with the Trademarks Registry, while an unregistered trademark is owned by the person or company that first used the mark in connection with their goods or services.
Exclusive Use: A registered trademark provides its owner with the exclusive right to use the mark in connection with the goods or services specified in the registration. In contrast, an unregistered trademark may be used by multiple parties, making it difficult for the owner to enforce their rights.
Duration: A registered trademark has a validity period of ten years, renewable indefinitely, while an unregistered trademark does not have any specific duration.
Legal Remedies: The owner of a registered trademark has a statutory remedy for infringement, including the right to sue for damages and an injunction. In contrast, the owner of an unregistered trademark can only take legal action under common law for passing off, which is a more difficult and expensive legal process.
In conclusion, registering a trademark provides significant legal protection and exclusive rights to its owner. If you are looking to get your Trademark registered in India, JustStart’s Trademark registration team might be the ideal choice for you. Reach out to our team to learn more about Trademarks and get yours registered through our hassle-free process.