What is the difference between registered and unregistered trademarks?

Registered Trademark and Unregistered Trademark–  Trademark is specifically a unique identification of the business product it can be anything like word, symbol, device, product or any combination which is used to identify and distinguish them from the other products available and make an image in the market like PepsiCo have the trademark of the blue color which cannot be copied that will be against the law or we say like the coca-cola have the red color trademarked by them so no one can copy these things so making the copy of them illegal.

Trademark can be classified into two types that are

  • Unregistered Trademark
  • Registered Trademark

An unregistered trademark refers to the mark enforced and created by a business or individual to signify or distinguish the product or service in the market but it does not provide a strong security to the product or service. It signifies the distinct or source of the product or the service is specified. With this, there is not the security up to the trademark protection security but the owner can use the symbol TM to make it known that it is a trademark but the person will get to know that it is an unregistered trademark and he will not be getting the security equal to the registered trademarked product.

There are many products which are in the market that is unregistered trademark which can differentiate with the symbol TM only whereas products with the symbol of R just after the TM is the sign that the product is registered Trademark is done.

Registered trademark brings or we say give many rights to the registered owner of exclusive use of the mark with complete protection of the mark in the market. Registration of the trademark is not a mandatory requirement. A trade mark can be registered for a period of ten years and after that, the registration can be renewed. The whole procedure of registration in India is done according to the trademark act 1999.

Registered trademarked product or service contains more security in them as compared to the unregistered and according to the law registered gets the preference over the unregistered trademark making it more secured for the time period of ten years there would be a good brand image can be created or we say there will be a goodwill of the organization in the market.

Hence we can say trademark whether it is registered or unregistered but it is important to register for the trademark and create a good will of the organization and every new business, individual or any legal entity should apply for the trademark making it easy to survive in the market.

Do you have a Trademark? Do a Free Trademark Search before applying.

By |2018-10-25T05:55:21+00:00February 10th, 2017|Categories: Trademark|Tags: , , |Comments Off on What is the difference between registered and unregistered trademarks?

About the Author:

Himanshu Jain is the founder of LegalRaasta – India's top portal for registration, trademark, return filing and loans. Himanshu is a CFA (US) & MBA (ISB). He has over 8+ years of corporate / consulting experience with top firms like McKinsey