Difference Between Registered and Unregistered Trademark
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A “registered trademark” consists of a pack of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the company products or services. Registration of a trademark is not compulsorily required in India. A trademark is registered for a span of 10 years and can be subjected to further renewal. Registration is required for the following reasons:
-It identifies the originated goods and services
-Advertises company goodwill, brand name, goods, and services
-Guards the commercial goodwill of a trader and
-Protects the target audience or loyal customers from buying the second rate of quality goods.
- Benefits of Registered Trademarks:
To sum up, registration gives a monopoly market right to the mark in a particular tangent. It allows the owner of a registered trademark to prevent the use of his mark which is not authorized in relation to products or services offered by the company. The claim is always whether a consumer of the goods or services will be confused as to identify the source or origin. The fraudulency of registered trademarks can lead to legal claims and one can seek compensation.
- Unregistered Trademarks:
An “unregistered trademark” is a type of trademark that does not possess any legal benefits. Unregistered marks are defined as marks that are not registered but are in process of application in relation to goods or services under the Trademark Act, it is necessary to establish that an unregistered mark has comparable goodwill or reputation in connection with the product recognition, service, or business with which it is issued.
Thus, the owner of an unregistered trademark may be able to prevent use by another party of a fraudulency mark.
-The plaintiff has to prove that there is a similarity in the trade names;
-The defendant is deceptively passing off his goods as those of the plaintiff;
-There is bound to be confusion in the minds of the customers.
-The test to be applied in such matters is as to whether a man of average intelligence and of imperfect recollection would be confused.
Difference between unregistered and registered trademarks:
The basic difference between the two is in terms of protection advantages available for registered trademarks and unregistered trademarks and the symbols used for them both. The former is a statutory remedy and the other one is a common law remedy. Unregistered trademarks may gain protection, where the goods and services quality offered by the company has a highly significant position among the customers in the market. These trademarks are used in the course of trade which is well known to the target audience in India. Apart from this, there are different symbols for representing both online trademarks. A registered trademark is represented by the symbol ® and An unregistered trademark is represented by the trademark symbol ™.
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