A registered Trademark is governed by the trademarks act 1999 where as an unregistered trademark is governed by common law trademark act but an unregistered trademark does not safeguard against infringement. The commerce of unregistered trademark does not use the symbol
Whereas the unregistered trademark Is been governed by state law and is bound by geographical boundaries and common law trademark applies so the mark is
The logo indicates that mark is not registered however is applicable to sell diffrenciated good and services from its competitors.
What are the demerits of a unregistered trademark?
A unregistered trademark is governed by common trademark law and is bound by geographical area state law applied therefore one has to proof the existence on first to use if there is any clash between the two same mark businesses.
Under the trademark act, there is not much of protection for an unregistered trademark therefore it can also not protect the third person of using the same mark, as discussed above a unregistered trademark holder does not posses statutory protection from the federal court but gets certain common law rights.
There are Commerce who use trademark which are incapable of registration so they prefer not to apply for registration however there are instances that the commerce do not file an application for registration as the unaware or ignorance of the intellectual property law.
Why Is Unregistered trademark pending ?
The whole procedure of getting a unregistered trademark registered is quit lengthy and complex in india because of this it actually becomes even worse to get your trademark application registered in the stipulated time frame however you need to take into account the due process of all registration very carefully you must also have a vigilant eye on the whole process from the start due to this there are lot of pending cases before the trademark registry.
What are the legal prospect of an unregistered trademark?
The legal protection of an unregistered trademark is compared with the registered trademark is quit low and it does not give protection by federal court. The owner of the commerce of a unregistered trademark can use mark
Symbol . This will be helpful as a caution to public limited to your area will indicate that mark used by the commerce on his brand is unregistered but can be used as a trademark to signify or distinguish his good and services from the other competitors available in the market.
This article is in regards to company vakil (www.companyvakil.com)
Unregistered trademark in reference to indian market?
The unregistered trademark is a logo that is not approved by trademark protection law in india , unregistered trademark is protectable within the geographical retrain which has been used or in geographical area into which into which it may hardly expected to expand in india.
There are certain law pertaining to unregistered trademark to have protection therefore the good and service must have a high significance in the market for the sales in that specific class of good and services.
The unregistered trademark in india is found in large number whereas the trademark applicants perform a lot of search of the registered trademark for the procedure of the trademark application process for more details on the application process of trademark application visit (www.companyvakil.com)
A registered trademark is governed by the trademark act 1999 where as an unregistered trademark is governed by common law trademark act but an unregistered trademark does not safeguard against infringement. The unregistered trademark do used logo(tm).
For more information refer Company Vakil experts.
feel free to call us +91-9319459510 firstname.lastname@example.org
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