Trademark vs registered india [Expert-Advice]



Last updated : Aug 4, 2022
Written by : Jerald Crotty
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Trademark vs registered india

Can I use TM without registering?

Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you're claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven't filed an application to register your trademark.

Can I use TM without registering in India?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process.

What's the difference between trademark and registered?

What is Trademark vs. Registered? The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).

How long is a trademark valid in India?

If the trademark is registered, the applicant can use the R symbol. All registered trade marks are valid for a period of 10 years from the date of application. At the end of its validity, a trade mark can be renewed easily by paying the Government fee for registration. Know more about Trade Mark renewal.

Can I use a trademark before it is registered?

Use or file trademark first? You do not have to apply for a trademark prior to using it. In most cases, trademark rights in the US are granted to the first one who uses a mark in commerce on particular goods or services. US trademark law recognizes the first user.

What happens if a trademark is not registered?

Passing off Action for unregistered mark In case of misuse of a registered mark, the right holder can initiate an infringement action against the violating party. But for misuse of unregistered marks, the right holder is entitled to claim protection under the law of passing off.

What is the difference between a registered and unregistered trademark?

Difference Between Registered and Unregistered Trademark The fundamental difference between the two is regarding securities of trademarks and unregistered trademarks. A registered trademark is protected under the Trademarks Act while an unregistered trademark can claim its property under common law.

What happens if you don't register a trademark?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

When can I use TM on my logo?

The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.

Is logo a trademark?

Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.

What is the cost of trademark renewal in India?

The official fee for trademark renewal in India is INR 9000/- for filing application for trademark renewal in one class. The official fee for filing trademark renewal with surcharge is INR 4500/- (surcharge) plus the trademark renewal fee.

Can you sell a product without a trademark?

You can sell products or offer services in the United States without having a registered trademark.

Can a name be trademarked twice?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

Can I trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name.

Is it mandatory to register a trademark in India?

Answer: No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for the infringement of unregistered trademarks.

Can I use TM for unregistered trademark?

TM. The letters 'TM' are most often used to identify an unregistered trademark, although they can also be used to identify a mark that is registered. The TM symbol is used to inform the public that a 'term, slogan, logo or other mark' is being claimed as a trademark.

Who owns an unregistered trademark?

Unlike registered trade marks, which can be assigned to a new owner by a written instrument such as an agreement or deed, the courts have held that ownership of unregistered trade marks can only be transferred together with the goodwill of the associated business.

Can someone steal your trademark?

Although your business may have been the originator of the trademark, if the trademark was not officially registered, another company could obtain it for use in geographic areas outside your use, and essentially “steal” your trademark.

What names Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.


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Trademark vs registered india


Comment by Ray Magnuson

Thanks for this great article


Thanks for your comment Ray Magnuson, have a nice day.
- Jerald Crotty, Staff Member


Comment by riadhatO

Thanks for this interesting article


Thanks riadhatO your participation is very much appreciated
- Jerald Crotty


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