Protection of Unregistered Trademarks
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Published date: October 31, 2023
- Location: Janak Puri, New Delhi, New Delhi, Delhi, India
Even if an unregistered mark lacks the legislative protection that registered marks have, the law recognises unregistered marks that have gained ample reputation without registration. In the event that a registered mark is misappropriated, the right holder may file a trademark infringement lawsuit against the infringer. However, the right holder is entitled to seek protection under the rule of passing off for the infringement of unregistered marks. The idea that “a man should not sell his goods under the false illusion that they are the goods of another man” underpins a claim for passing off. The passing off law prohibits one individual from misrepresenting the goods or services of another. Passing off is a type of unfair trade competition in which one person attempts to benefit from another’s popularity in a specific trade or industry. The central issue in this tort is if the defendant’s actions deceive or mislead the general public, causing uncertainty between the two industries’ operations.
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