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India unregistered trademark during the british regime established no action for infringement. Such mark is not benefited by trademark protection through trademark registration.
India unregistered trademark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand. These trademark rights are enforced by pursuant by passing off. There are laws for unregistered trademarks to gain protection, where the goods and services must have a highly significant position in the market for sales in that particular class of goods and services. These trademarks are used in the course of trade which is well known to the public in India.
India Unregistered trademark are found to be more in number and hence the trademark applicants perform searches of the registered trademarks. These searches are performed by companies prior to an application. In India, unregistered trademarks are assigned without the goodwill of the business. Passing off is a remedy for a business that is been trading in India under India unregistered trademark.
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India Unregistered Trademark
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