Description
IS TRADEMARK REGISTRATION COMPULSORY
The Trademark Act, 1999 came into force to give recognition to trademark which are registered. The Act provides benefit to a registered trademark in the long run and abolished the idea of preventing the fraudulent use of the mark.
In India, registration of a trademark is not compulsory, but a registered trademark enjoys several benefits over unregistered trademark. The registration is the prima facie evidence of the proprietorship of the trademark under registration.
UNREGISTERED TRADEMARK:
Trademark which are not registered under the Trademark Act, 1999. If the trademark is not registered ®, symbol cannot be written on the goods or services. Unregistered trademark is not protected under Trademarks Act, 1999 but gets protection under common law for passing off. For passing off, it has to be proved that the trademark is prior in user, has earned goodwill and reputation with connection with goods or services in use.
REGISTERED TRADEMARK:
Trademark which are registered under the Trademark Act, 1999. Trademark registration grants the owner the exclusive rights to use the trademark in relation to its goods or services. Registration is granted for 10 years, which can be renewed after 10 years. ® symbol is written on the registered trademark. Registered trademark can take action against others who use similar or deceptively similar trademark. One of the important thing about registered trademark, which is not available to unregistered trademark is the trademark infringement. For trademark infringement both civil and criminal action lies against the violators.
Registration confers exclusive rights to the trademark owner, giving him the right to use the mark exclusively in relation to his services or products. Registration of a trademark helps to identify the origin of the services and goods and advertise them. Registration of a trademark protects the goodwill of a trader and protects the consumer from buying inferior quality goods. A registered trademark owner can sue for infringement when any other trader use a similar or deceptively similar trademark.
A registered trademark can sue for both civil and criminal remedy for trademark infringement under Section 27 of Trademarks Act, 1999.
Sec 28 of the Act gives the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or service.
Further, Section 31 of the act enables registration to be a prima facie evidence of validity.
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