Is trademark mandatory?
Unlike other legislation of various different countries, registration of a trademark is not mandatory in India. … However, the registered trademark possesses a statutory right of infringement. Hence, it is advisable to get trademark registration owing to its evidential value and the incentives provided.
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.
Can logo be used without trademark?
Any photograph, term, or emblem used to identify a company, service or product is a trademark logo. If it is for editorial or data purposes, such as when a logo is used in a published article or used as part of a comparative product statement, you need permission to use a logo.
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.
Can you sue for trademark infringement without registration?
Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … Indeed, federal law allows for a trademark infringement claim even without registration (15 U.S.C. § 1125(a)).
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.
What is the purpose of unregistered trademark?
An unregistered trademark or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service. It is legally different from a registered trademark granted by statute.
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.
Does my logo need a trademark?
Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.
Is slogan a trademark?
Trade Mark Applications are filed for registration of Slogan. Slogans are protected as trade mark under Section 2(m) and 2 (zb) of Trade Marks Act, 1999.