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Unregistered Trademarks and their IP Protection
Introduction
Registration of a trademark under the Indian Trade Marks Act, 1999, is not mandatory. As a result, both registered and unregistered trademarks are defendable in India through a passing off or infringement lawsuit in a court of law.
India, a common law nation, upholds both codified law and common law principles, and as a result, it offers both infringements and passing off actions for trademark infringement. In India, rights to a trademark can be obtained by earlier adoption as well as through extensive, continuous, honest, legitimate, and uninterrupted use of the mark. Both passing off and trademark infringement are recognized under Section 135 of the Trade Marks Act.
What are Registered and Unregistered marks?
A trademark that has been registered under the Trademark Act of 1999 grants its owner exclusive rights. His ownership of such a trademark after registration becomes the initial piece of proof.
As we previously noted, the Act does not require that a trademark be registered, therefore unregistered trademarks are those that are not registered. However, compared to the legal protection provided to registered trademarks, the protection they receive is quite limited.
What is passing off?
Passing off is a common law tort, which can be used to enforce unregistered trademark rights. In the case of Perry v Truefitt (1842) for the first time the principle of passing off was introduced, i.e. “Nobody has the right to represent his goods as the goods of somebody else”.
Criteria for a passing off action
The primary purpose of India's passing off statute, which is actionable under common law, is to safeguard the goodwill associated with unregistered trademarks. The fundamental rule of law states that one should not profit from another person's labor. The following are the criteria for a passing-off action.
Reputation
It is crucial to prove in court that an unregistered trademark has a reputation in the market and can be easily differentiated under the class of goods, businesses, or services for which it is used. An unregistered trademark must have some goodwill and reputation in the market which means, people should recognize such a mark.
Prior user
Unregistered trademarks are given statutory protection under Sections 34 and 35 of the Trademark Act, 1999. These clauses essentially state that a prior user of a trademark will have priority over later users notwithstanding being registered in order to protect the interests of an unregistered trademark.
Misrepresentation
The party instituting an action against passing off needs to prove that such passing off by a third party has caused him actual damage in business and profit due to the misrepresentation.
Finding & Conclusion
An unregistered trademark owner has some rights and remedies according to the Trademark Act of 1999 and common law remedies, but it also puts a burden on him. The unregistered trademark owner may believe that taking legal action to prevent passing off provides adequate protection, but there are still requirements that must be completed. A trademark serves as a brand's and a product's identification. The rights derived from such a brand must be very carefully considered and understood. It is advised for such a person to register his trademark in order to take advantage of the range of rights offered by the Trademarks Act, of 1999.
Blog Resource : https://lexprotector.com/blog/unregistered-trademarks-and-ip-protection/
#trademark#trademark registration#trademark infringement#trademark search#IP valuation#IP search#IP protection
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A trademark is a legally registered distinctive symbol, word, logo, or combination that represents a specific company, product, or service. It functions as a unique identifier, differentiating the goods or services of one entity from those of others in the market.
trademark registration
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What is Trademark Search? Online Trademark Search
Learn the significance of online trademark searches and how they can secure your brand's future.
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How to Conduct a Trademark Search in India: A Step-by-Step Guide
Conducting a trademark search in India is a crucial step for individuals and businesses looking to protect their brand names, logos, and other intellectual property assets. A trademark search helps determine whether a particular trademark is available for registration or if it conflicts with existing trademarks. In this comprehensive guide, we will delve into the importance of conducting a trademark search in India, the steps involved in the process, and the resources available for conducting a thorough search.
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How to Register a Trademark: A Step-by-Step Guide
Registering a trademark for your brand is crucial to protect your intellectual property and establish exclusive rights to use your mark in commerce. A trademark serves as a valuable asset, safeguarding your brand identity and preventing others from using similar marks that may cause confusion among consumers. This should not be confused with registering a business name. In some instances, your…
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#application process#Brand identity#brand name protection#business name#Intellectual property#legal assistance#Madrid System#market identity#office action#opposition period#TEAS#trademark certificate#trademark class#trademark enforcement#Trademark registration#trademark rights#trademark search#USPTO
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Stop Infringers from using your Mark
When you have Trademark registartion, then only you can bring infringement suit against the infringer, and the infringer has to stop using the trademark.
#trademark#trademark infringement#trademark registration#trademark services#trademark search#lex protector
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#trademark search#canadian trademark search#cipo trademark search#law#registered trademark symbol#trademark registration canada#trademark#trademark symbol#us trademark search#legal#criminal law#lawyers#delhi#delhi capitals#noida#noidaproperty#gurugram#punjab#gurgaon#karnataka#dentist in noida
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Trademark Enforcement Strategies to protect your Brand | LexDMCA
Enforcing the Trademark will help the business owner to stuck down the infringing URLs and restrict the infringers to duplicate the original products.
For More Detail Visit Us: https://lexdmca.com/trademark-enforcement/
#trademark#trademark infringement#trademark law#trademark search#trademark enforcement#brand protection
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Get The Best Patent Research Company | Patent Verify
Get the best patent research company patent verify. Patent verification provides free access to information regarding inventions thanks to its global coverage and search capabilities. After you've finished, you'll receive a Patent Research Report that summarizes the findings. Please submit a separate order for each product if you want a patent search for several products.
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Trademark Search: A Prudent Step Towards Mitigating Future Risks
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moment in the latest d20 episode (around 1:50~) that gave me the same emotions that Sturdy Denim and Blue did back in 2017. if you know you know
#fhjy spoilers#vague enough that it doesnt really mean anything but jic#would it surprise all of you to know that i ran a decently popular taz blog back in the day. i technically invented the shipname blupjeans#admittedly that was like the most obvious ship name its not like its really a big trademark of mine. but also i know i was the first i#searched in that damn ship tag and there was nothing before my post
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