What Is The Difference Between Unregistered And Registered Trademark?

To remain in the competitive market of today’s business world, establishing and safeguarding your brand identity has become a crucial step. One of the best ways to protect this identity is by owning Trademarks. But one common question that arises here and is usually asked by various entrepreneurs and business owners – What is the difference between registered and unregistered trademark?

This blog excellently unveils the difference between a registered and unregistered trademark, including its benefits and disadvantages. Let’s explore the facts.

Do you know that a trademark can be used without registration as well? Yes. It is true. A business can use a trademark with and without its registration. However, the purpose of both types is the same – to safeguard your business brand, still, they are different in meaning and function.

If you are a business owner and want to manage your business effectively and protect your brand as well, then knowing the differences between unregistered and registered trademarks is important for you. So, before moving to the differences between these two, let’s explore their details.

When a trademark is used by a company or a business without its legal registration at the relevant government trademark office, it is called an Unregistered trademark. These trademarks are usually indicated by the ‘TM’ symbol that depends on common law rights and can be accessed in the market to provide some sort of brand protection.

• Prompt Use: The major advantage of unregistered trademarks is their prompt use. You can
  start using your trademark promptly without any registration process.
•  Cost-Effective: This option is a budget-friendly option for most startups and small businesses as it does not include any sort of registration fee.
• Local Identity: In particular areas where you have started your brand, your unregistered trademark can also provide a level of trust and identity.

The unregistered trademark highlights several drawbacks that are mentioned below –

• Limited Geographic Reach: The trademark protection is mostly limited to the areas where the trademark is actively used by the company.
• Implementation Challenges: In the case of trademark disputes, it becomes more difficult to prove ownership, and defend your trademark rights. You can only depend on local courts to resolve trademark dispute cases.
•  Expansion Risks: When your business starts growing, depending completely on unregistered trademark rights is not sufficient to prevent potential infringers.

While it is highly beneficial to own a registered trademark, there is also a need for an unregistered trademark at one time or another.

• Local Markets: If your business is situated in a particular geographic area and has a well-established local presence, common law rights might be sufficient.
•  Temporary Campaigns: Unregistered trademarks are good options for temporary or short-term marketing campaigns because they save cost and time as well, which would otherwise be used in registration.
• Budget limitations – It tends to be a problem for financially limited startups. Unregistered trademarks offer a viable short-term solution for them as the initial registration fee can be easily avoided.

A registered trademark is usually indicated by the symbol ® that is officially recorded at the government trademark office. Trademark registration provides robust and legally supported protection compared to general law rights related to unregistered trademarks.

• Huge Protection: A trademark registration ensures that your trademark is strongly protected at the national level and in many cases, it also acts as a fundamental for global protection.
• Legal Presumption of Ownership: Registered trademarks assure ownership and simplify legal disputes on trademark infringement.
• Public Notice: Registering your trademark not only provides a public notice of your claim to ownership but also discourages potential infringers.
• Enhanced Enforcement: In the case of a trademark dispute, registered trademarks facilitate simpler and even more strict legal action.
• Business Asset: A registered trademark is considered a valuable business asset that efficiently increases the complete value of your business. It also attracts potential investors or partners for investment in the business.

On considering the difference between a registered and unregistered trademark, it is obvious that unregistered trademarks have several integral disadvantages instead of providing a comfortable way to brand protection.