Legal Rights Of Trademark Owner
Trademark Application @ ₹999 + Govt. fees
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Legal Rights Of Trademark Owner
Trademark Application @ ₹999 + Govt. fees
Updated on May 19, 2026 01:36:11 PM
A trademark is a term of intellectual property that is used to provide a distinct identity to goods or services. Any word, colour, symbol, pattern, sound or shape can be a trademark. It helps to build a strong brand reputation and also aids a business to stand out at the commercial level. Therefore trademark registration plays a crucial role in providing several benefits to the owner.
In this article, we will explore the thorough information related to the several rights of registered and unregistered trademarks that are provided to the owners such as exclusive rights, rights to assign and right to seek correction.
Every business needs a name or brand by which they establish their business identity in the market. These particular brand names or logos are known as the Trademark, from which consumers can identify their products or business. These names or their identity can be Registered or unregistered by government authorities.
The main difference between Registered and unregistered Trademarks is that the Registered Trademark is officially licenced under “The Trademark Law, 1999” by the government and they ensure to protect their solo rights over the brand. On the other hand, an unregistered Trademark is not officially Registered under the Trademark law, and it has more chance of infringement than a registered Trademark.
There are several rights provided to the owners of the trademark by the Trademark Authority. These legal rights are listed below:
The Owner of the Trademarks can claim rights against infringement of their Trademark whether it is a registered or unregistered Trademark. While an unregistered Trademark does not get the same level of protection as a registered Trademark gets.
Unregistered Trademark owners can also claim and protect their Trademark against infringement from a third party. They can use Passing-off to prevent their authority over that particular symbol or Trademark. In this, the owner has to prove themselves as a prior user and has to submit some evidence. If they are able to prove their side, they will be the only solo user of that mark even after an unregistered Trademark.
The Trademark owner provides many rights to protect their intellectual property under the Trademark law. Therefore every individual or business must register their Trademark and make more chances to enhance the business reach at the market level. The owner can protect their brand reputation by claiming their rights and making their business distinct from their competitors. The registered Trademark also helps to build trust among the consumers which will lead to making a strong reputation of the brand.
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Trademark owners get many legal rights such as legal protection, exclusive rights, rights to assign and rights of correction. These rights help a business establish a distinct brand identity at the commercial level.
Trademark rights last for 10 years from the date of registration and can be renewed indefinitely every 10 years by paying the prescribed renewal fee.
The main difference between registered and unregistered Trademark is that the registered trademark is officially licensed by the TM authority or government and the unregistered Trademark is not licensed by the government authority.
The Unregistered Trademark does not get as many legal rights as a registered Trademark. But the owner of the unregistered Trademark can also claim their right against infringement through the passing-off. In this process, the owner has to prove themselves as a prior user by submitting supportive documents.
Disclaimer: The content provided on this site is intended for informational purposes only. Accessing or utilizing this site and its materials does not establish an attorney-client relationship. The information contained herein does not constitute legal or professional advice and should not be relied upon as such. It is not a substitute for obtaining legal counsel from a qualified attorney licensed in your jurisdiction
Adv. Piyush Tyagi
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Thanks for such an excellent service, Piyush ji!! The way you and your LITEM Team handled this entire process is a testament to your awesome managing skills. Your absolute dedication to see our ComicWheel trademark work done in such an efficient manner benefitted us a great deal.Thanks again!!!
TechnoMan Rahul
I would like to take a moment to thank the entire legal and trademark team for the remarkable service they rendered for registration of Trademark for my brand - edumo. The entire process got completed in a year, and every stage of trademark registration was handled very efficiently and promptly. Thank you team Litem.
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I recently used LITEM services for my business and I couldn't be happier with the results. The team at LITEM was knowledgeable, efficient, and easy to work with. They walked me through the entire process of registering my trademark and answered all of my questions along the way. They were also very responsive to my emails and phone calls.
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In the course of dealing with a personal lawsuit, I was introduced to Advocate Piyush Tyagi through a close connection. Advocate Piyush Tyagi(senior consultant at litem legalis) is a true legal consultant and a friend who is committed to keeping all the legal bindings and boundaries in place to help you in the worst of times. Thank you for being there!
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