Is a trademark protected if not registered?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. … Although the range of protection is limited to the region where you use your unregistered trademark, you can protect an unregistered but valid trademark from infringement and dilution under common law.
Can unregistered trademark be protected from passing off?
Passing off is a common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from misrepresenting his goods or services as that of another… Passing off is a common law tort, which can be used to enforce unregistered trademark rights.
What happens if your trademark is not registered?
An “unregistered trademark” is one which does not possess legal benefits. But in some cases, an unregistered trademark may get common law benefits. … Thus, owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law tort of passing off.
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.
Is passing off a trademark?
Passing off is similar to trade mark infringement, but applies to protect unregistered rights associated with a particular business, its goods or services. Passing off actions can be brought in a wide range of situations, including to protect business names and features of “get-up” or “trade dress”.
Is passing off illegal?
Passing off is a common law cause of action, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings. … Passing off does not confer monopoly rights to any names, marks, get-up or other indicia.
What words Cannot be registered as a trademark?
Words which are completely descriptive will not be registered as trademarks. For instance, apple for fruit or chocolate for confectionery. Anything likely to cause confusion or deception in the marketplace will also be rejected as a trademark.
What Cannot be used as trademark?
A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics. Following are some examples which cannot be trademarked.
Can you license an unregistered trademark?
Assignment and licensing of unregistered trade marks
Justice O’Callaghan’s observation that the licensing of unregistered trade marks is not possible without the assignment of the underlying goodwill of the business is at odds with contemporary licensing practices.