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Sunday, July 25, 2021

DIFFERENCE BETWEEN REGISTERED AND UNREGISTERED TRADEMARK | HOW TO TRADE MARK REGISTRATION

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Once your trademark is registered, you are the rightful owner of your brand. Your trademark is becomes your identity and serves as the status symbol of your brand. It wards of any confusion in the as no other entity is likely to have a brand named same as yours in the market.

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:·

  1. It identifies the originated  goods and services
  2. Advertises company goodwill, brand name, goods, and services
  3. Guards the commercial goodwill of a trader and
  4. 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.

  1. The plaintiff has to prove that there is a similarity in the trade names.
  2. The defendant is deceptively passing off his goods as those of the plaintiff;
  3. There is bound to be confusion in the minds of the customers.
  4. 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 ™.

HOW TO TRADEMARK REGISTRATION:

A unique mark that is signed and is used to represent a business is known as a trademark, and it is used to identify a company distinctively from the other companies and helps in building credibility among the customers. One should always advise the clients to recognize all the IP Rights in the form of trademark, copyrights, and register every mark, brand name, logo, product name, domain names as the trademark in India to prevent the misuse of the brand name by any other person.

Advantage of having a Trademark registration:

  1. To Builds trust and Goodwill: 

The established quality of your brand product and services is known by customers and clients through the trademark and it establishes trust and goodwill among the target audience. It also helps in creating permanent customers who are loyal and always prefer the same brand.

  1. Differentiating the Product: 

It makes it easy for customers and clients to identify your brand. It makes your product distinct and identifiable from that of the existing and foreseen competitors in the market and acts as a commercial tool. The logo presents the vision, quality, or unique characteristics of your company and any organization.

  1. Recognition to brand Quality: 

It gives recognition to the quality of the service offered by the company or brand product. Customers usually link the product’s quality with the brand name and an image is created in the market about the particular brand quality which further helps in attracting new customers to create brand loyalty as they can identify products by the logo/brand name of a company.

  1. Creation of Asset: 

Registration of Trademark helps in creating an intangible asset i.e. Intellectual Property for an organization and its goodwill is also determined by its brand name. A registered trademark is a created right that can be further sold, assigned, franchised, or commercially contracted.

  1. Use of ® symbol: 

Once the trademark is registered applicant can use the ® symbol on your logo or brand name stating that it is a registered or assigned trademark and no one can misuse the same. It is exclusive of all types of usages and rights. If someone else uses the trademark then the owner can also sue the party for using a registered trademark.

  1. Protection against infringement of rights: 

No competitor can use the wordmark or logo which is registered by you under trademark. However, if in any case one uses it without the approval or permission of the owner and makes any deceptive use of the same, the owner can get the legal protection and stop the person using registered rights.

  1. Protection for 10 Years at low cost: 

Online registration of the trademark is done at a low maintainability cost. Once the applicant registers the trademark they have to pay just the maintenance cost or renewal after every 10 years of registering the trademark. It is cost-efficient and also helps your company creating a unique image.

  1. For the Global Trademark Registration: 

If one wants to register the trademark in countries, the trademark registered in India can be used as the basis of registration over there. For any person willing to expand their business outside India, the Indian trademark registered can provide a good base along with the Established Goodwill in the Country.

  1. Attract Human Resources: 

Young minds and freshers generally aspire to join big Brands and companies as it acts as a magnet. It inspires the positive goodwill of the organization and thus employment seeker is attracted to them easily. This reduces the cost of recruitment, hiring related activities.

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