India Unregistered Trademark

The unregistered trademark in India is a mark that is not benefited by trademark protection throughout trademark registration. Unregistered trademark may be protectable only within the geographical area contained by which it has been used or in geographical areas into which it may be rationally expected to expand in India. Pursuant enforces these trademark rights by passing off. There are laws for unregistered trademarks to grow protection, where the services and goods must have a highly significant position in the market for sales in that particular class of goods and services.

The unregistered trademark in India is found in a large number and hence the trademark applicants perform searches of the registered trademarks. These searches are performed by companies proceeding to the application. Passing off is a cure for a business that is been trading under unregistered trademark.