India Unregistered Trademark
Unregistered trademarks are the trademarks that cannot reap the benefits from the trademark registration act 1999. These are the same trademarks which are not registered under trademark registration act. Somehow, you can protect unregistered trademark under section 5(4)(a) of the Trade Marks Act 1994. The act of protecting the unregistered trademark is known by virtue of passing off.
In order to protect unregistered trademark, one need to go through the process of passing off act while submitting the factual evidence about your business goodwill.
- You have already been used a well established trademark that has captured the pertinent group of society while maintaining the goodwill and reputation of the business.
- The copy or reuse of your unregister trademark will hurt your goodwill in the market.
- The reuse will cause confuses in respect of your already used unregister trademark.
- By offending your unregister trademark will cause the complete damage or destroy your business.
- The reuse of trademark will conflict with your already grabbed market and create misunderstanding in the mind of potential customers that further cause huge loss to the business.
Thus, if are using unregister trademark that has already been holds satisfactory reputation in the market will cannot be use by any other business owner. If the same trademark uses by someone else, in that case you can take action against them under the virtue of passing off. Here, only you need to prove your excellence while using unregister trademark.
Here at trademarkregistrationindia, dedicate team of trademark attorneys will serve the corporate mass with accurate and exact services in how to protect unregistered trademark. Our legal executives will assist you in every step of protecting an unregistered trademark in India. Thus, if you are looking to accompany your business mark with unregister protection then just send us your online inquiry through the online form.