What legal action can be taken by a plaintiff for infringement of an unregistered trademark?
Section 27 of the act provides that no action for infringement can be taken for an unregistered trademark. But for a registered trademark, an action for infringement lies where the aggrieved can be sought civil and criminal reliefs. Moreover, section 28 of the act confers certain benefits on registration.
Can you sue for unregistered trademark?
In contrast to federal registration, common law trademarks are usually enforceable only within the geographic region or locale where the trademark owner is using it in business. When an infringement occurs, an unregistered trademark owner may not be able to sue and collect damages or recover attorneys fees.
Can you use an unregistered trademark?
You can claim trademark rights in your unregistered trademark as long as it is distinctive and identifies or distinguishes your products or services. A trade name for your business is not the same as an unregistered trademark and is not given the same protections under federal trademark law.
What is the remedy for unregistered trademarks passing off?
The injunction is an effective remedy in the prevention Infringement of registered trademark or unregistered trademark. Section 135 of the Trademark Act, 1999 provides injunctive relief.
What is the remedy in case of violation of an unregistered trademark?
The court in the cases of trademark infringement grant relief in any suit whether it is infringement or passing off (unregistered trademark), it includes interim injunction and permanent injunction, and either damages or an account of profit in the cases of infringement of registered trademark or unregistered trademark …
Who owns an unregistered trademark?
An unregistered trademark is a mark that has not been registered at the U.S. Patent and Trademark Office (or at any of the state trademark offices). Owners of unregistered trademarks nevertheless have legal rights within the geographic areas in which they operate.
How long does common law trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Does a trademark need to be registered?
You are not required to register your trademark, but where or whether you decide to register your trademark can determine the scope of your rights. Specifically, you can rely on common law rights or file for state, federal, or international trademark registration.
What trademark can be registered and what Cannot be registered?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
How do I claim a trademark?
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …
How do you prove common law trademark?
A party claiming to have common law trademark rights must establish with competent evidence that its mark has achieved “secondary meaning” in the marketplace by offering among other proof, longevity of use, amount of sales, the nature and extent of advertising, consumer surveys and media recognition.