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The registration of a trademark is a costly and time-consuming process. However, once the
registration is obtained, the proprietor of a registered trademark is vested with certain
valuable rights. These rights exist for ten years which can be renewed further. On the
other hand, a proprietor of an unregistered trademark is also vested with rights under the
common law. One such right conferred on both, registered as well as unregistered
trademark proprietor, is to prevent the third party from using an identical or deceptively
similar trademark under certain circumstances.
It is pertinent to note that an unregistered trademark can be protected with the help of
common law after an extensive use made of it however, the registered trademark can be
protected from the date of registration only and before they are used. This brings into
sharp focus that a right of registered trademark holder to prevent an unauthorized use of
his trademark is more convenient than that of an unregistered trademark holder.
assignment. However, this right shall be subject to the provisions of the Act and to any
rights appearing from the register to be vested in any other person.
Related Article:
More information about Company registration, GST and Trademark Service Company
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Trademark Registration
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