UNREGISTERED TRADEMARK VS REGISTERED TRADEMARK

 

UNREGISTERED TRADEMARK VS REGISTERED TRADEMARK




BASICS OF TRADEMARK

In India, trademarks are governed by the Trademarks Act, 1999 (‘Act’). A trademark is a distinguishing mark, logo, symbol, or brand used by an individual or organization to differentiate their services or goods from those of others.

The Trademarks Act of 1999 establishes the legal framework for trademarks in India. The Trademarks Act follows international Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS agreement)


REGISTERED TRADEMARK

A trademark that has been registered under the Trademarks Act of 1999 is known as a registered trademark. After registering, the trademark owner gains exclusive rights to use the mark in connection with his services or products.

The registration of a trademark aids in identifying and publicizing the origin of services and commodities. It preserves a trader’s reputation and prevents the public from purchasing someone else’s services or products. When others use a similar or identical brand, a registered trademark owner can sue them for infringement.

A Trademark Registration certificate is a prima facie evidence of ownership of brand name.

LEGALITIES OF REGISTERED TRADEMARK

The Trademarks Act, through its different sections, also provides specific incentives for trademark registration. Effects of Registration are covered in Chapter 4 of the Trademarks Act. In the case of a registered trademark, the aggrieved might seek civil and criminal redress in a trademark infringement action. Furthermore, registration offers some benefits under section 28 of the Act. The exclusive right to use a trademark in connection to products or services is granted to the registered proprietor of the trademark when it is registered. Furthermore, the registered trademark can seek remedy against infringement of the trademark under the Act’s provisions. Registration can be used as prima facie proof of legitimacy under Section 31 of the Act.

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