In the commercial world, a trademark may be anything from a logo or name to a signature, design, label, numbers, and so on. It is the product’s unique serial number.
Like Cadbury’s or Coca-Cola, a trademark is used to distinguish one product from another and establish a brand identity in the marketplace. Anyone who attempts to replicate these trademarks is breaking the law.
Registered Vs. Unregistered Trademark
An unregistered trademark gives no legal protection for its trademark, therefore anybody who attempts to replicate it is doing so illegally. Whereas a registered trademark provides the owner of an unregistered trademark with some kind of protection.
Businesses may register trademarks at the National Trademark Office to ensure that their goods are distinguishable from those of other businesses. It is possible to prolong the trademark registration for an additional 10 years if necessary.
In order to distinguish their products from those of others, individuals and organizations often utilize unregistered trademarks such as logos, symbols, words, and designs to identify their own. It does not provide the same level of protection for the owners of a company as a registered trademark.
Registered Trademark
A registered trademark is a symbol or a logo that is registered at the National Trademark Office as an exclusive trademark. It’s frequently done by businesses or people in order to establish a well-known brand identity. Ten years of rights and advantages are gained by registering trademarks.
The owner of a trademark registration gains peace of mind. It is the company’s name or brand that establishes its presence in the business product market. It is a crime to copy or imitate a trademark that has been legally registered. Having a trademark registered is a good idea if the product’s owner wishes to brand or advertise his goods.
The following are some of the most compelling arguments in favor of trademark registration:
- In order to determine where the goods or service was manufactured or created.
- To publicize and brand the goods and services offered
- To safeguard the goodwill of its customers
- In order to prevent the public from being duped into buying counterfeit goods with the same brand.
The registration of a trademark grants a certain organization or its owners the exclusive right to use the trademark. It answers the question of where the product comes from for customers.
We can tell whether a trademark is registered or unregistered by looking at the symbol. The registered brand will generate goodwill for any new company, whether owned by a person or a corporation. ® is the trademark symbol for a trademarked product. When a company trademark is registered, it will appear on the product, as well as all of its associated items. This obligation falls to the owner after they have registered or granted a trademark.
Unregistered Trademark
The term “unregistered trademark” refers to anything other than a registered trademark that is used to identify a company or a person on a commercial product. It doesn’t provide any safety measures.
If the owner wishes to manufacture the goods and services and maintain them for a long period of time, he or she must demonstrate that the goodwill has been established and earned across the area. In order to protect the trademark, it has not been registered under any Act or legislation.
It does not get any of the legal advantages that trademark registration provides, although common-law advantages may be offered in specific cases. If a law or agreement is broken, a trademark infringement action may be filed, however, even if the trademark is not registered, it is still protected under common law.
Unregistered trademark owners have recourse to the common law to stop others from using their marks. The unregistered trademark might be protected at the state level under the common law.
Unregistered trademarks are denoted by the sign “TM”. The common law protects an unregistered trademark against misleading advertising, origin, and false designation.
It is only in the location where a firm operates that the owner has legal control over a trademark that has not been registered. The owner of a trademark has the right to block another firm from using it, even if that company is large. The owner may do this by invoking the goodwill that the location or brand has built up through time.
Trademark owners, even if they have very little authority, may safeguard their trademark by writing to the person who is violating the agreement and requesting that they cease using it without permission.
Difference Between Registered and Unregistered Trademark
- First and foremost, it is important to note that registered trademarks are more secure than unregistered ones since they provide a company owner with more protection over their brand. Trademark infringement is prohibited if it is done for profit.
- trademark registration is governed by the Trademark Act (1999). As a result, an unregistered trademark is not subject to any law or regulation.
- In contrast, an unregistered trademark may only be backed by the company’s goodwill if it is not registered.
- Registration of a trademark is good for ten years, and it may be renewed at any time. In the case of an unregistered trademark, the owner is required to demonstrate the existence of long-term goodwill.
- The trademark act of 1999 may be used to deal directly with registered trademarks’ breaches of conspiracy, whereas the common law can be used to a lesser degree for unregistered trademarks.
Conclusion
Registered and unregistered trademarks are the same thing: a trademark symbol, logo, design, color, or term. The trademark laws allow for the registration of both registered and unregistered trademarks. The legislation encourages trademark owners to do so in order to get legal protection for their brands.
It is illegal to imitate a trademark that has been registered and is thus protected by law enforcement. Enforcing the common law in the place where and when commerce occurred may potentially protect an unregistered trademark. If a new company wishes to establish a reputation or brand in the marketplace, trademark registration is a smart idea.