Difference Between Registered and Unregistered Trademark

There is a slight but significant difference between registered and unregistered trademark which lies in the protection provided by the registration. As the name suggests, a registered trademark is one which is registered, so it enjoys several rights and benefits, which are not available to the unregistered trademark.

Trade Mark refers to intellectual property, that ensures protection to the owner of the mark, with respect to the exclusive right to use it, or to authorize another person/entity, to use the trademark with the permission of the owner for adequate consideration. It is something that identifies the original source of goods.

The trademark can be a signature, logo, design, name, numerals, label, etc. which is often represented by a ® symbol in case of a registered trademark and ™ when the trademark is unregistered. The symbol is displayed just after the mark and is in superscript.

Content: Registered Vs Unregistered Trademark

1. Comparison Chart
2. Definition
3. Key Differences
4. Steps for Trademark Registration
5. Conclusion

Comparison Chart

Basis for Comparison	Registered Trademark	Unregistered Trademark
Meaning	A registered trademark is any symbol, sign, word, etc. used as a trademark by the company and registered under the Trade Mark Act, 1999.	An unregistered trademark refers to any symbol, sign, word, etc., used by the company as a trademark, but not at all registered.
Symbol
Governed by	Trade Mark Act, 1999	Common Law
Validity	Prima Facie validity is available.	Owner has to prove the validity of the mark.
Burden of proof	When the validity is challenged, it lies with the opponent, in the initial period.	When the validity is challenged, it lies with the owner.
Location	Countrywide protection is available.	Owner has to prove the area, in which it has gained goodwill.

Definition of Registered Trademark

A Registered Trademark is a special mark or symbol, on which an individual or firm has affirmed ownership by registering it with the National Trademark Office. The registration of a trademark provides the proprietor with the exclusive rights to use the mark, for a period of 10 years and extend it further if required. Its primary use is to bar the other party from using the mark for the concerned period, by filing a suit for infringement.

Any person or entity, who claims to be the owner of a trademark used or to be used in future, can apply for registration to the Registrar, under whose area of authority, the place of applicant’s business falls, in the manner stipulated for the registration of the trademark. In India, the registration of a trademark takes around 2 to 3 years, provided there is no opposition by the third party.

Definition of Unregistered Trademark

An unregistered trademark can be any mark, symbol, signature, word, combination of colours, numerals etc. created and used by the company or person to indicate that the products are produced or services are offered by them, but it does not provide a high security to the owner, as in case of a registered trademark.

As trademark registration, is not mandatory according to law, the owner of the unregistered trademark can add the letters “TM” as superscript, with the mark, which denotes to the public that it is an unregistered trademark. The trademark owner receives protection under the common law, wherein the remedies for infringement are confined to injunctive relief, i.e. the court may order the litigant to cease and abstain the violation.

Therefore, an unregistered trademark owner may have to face certain difficulties with respect to the enforceability of their trademark rights. The person or entity may find that there is a frequent infringement of the mark, as well as the enforceability of the mark, is also restricted to a particular region or area.

Steps for Trademark Registration

1. Trademark search and selection
2. Application to the Registrar for trademark registration
3. Application number allotted to the applicant
4. Data entry
5. Scanning
6. Examination and Examination report is despatched, then one of the two cases discusses below may apply:

Case 1: Accepted: Journal Publication – Manuscript, Hindi Translation, Scanning, Composing

• Wait for Opposition; then one of the two cases may apply:
  • Case 1 (a): Registration: Preparation of Registration Certificates and Checking for Associated Marks
    • Remove the “TM” symbol and start using “R in a circle” next to your mark.
    • Renewal or Post Registration Changes
  • Case 1 (b): Opposition: Hearing is arranged, which is taken by the Hearing Officers. Further, one of the two cases may apply:
    • Case 1 (b) (i): Application to Proceed for Registration, Case 1 (a) will apply.
    • Case 1 (b) (ii): If the opposition is allowed, but the application is refused, then also the case is reviewed by the Intellectual Property Appellate Board.

Case 2: Objected: Show cause hearing, then also one of the two cases may apply:

• Case 2 (a): Accepted, case 1 will follow.
• Case 2 (b): Refused or withdrawn, then the case goes to the Intellectual Property Appellate Board.

Conclusion

Trade Mark is just a mark which uniquely recognises the goods or services of an entity with those of another. The registration of a trademark is not compulsory, but the law recommends it, because of the various benefits which come with it.