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Does the Indian trademark law bestow protection to un- registered trademarks? What is the protection provided to an un-registered trademark in India?

If your trademark is not registered in India, then an action for passing off can be brought against a third party for misuse of an unregistered trademark.

As per Section 27 (2) of the Trade Marks Act, 1999 nothing in the Act shall be deemed to affect rights of action against any person for passing of goods or services as the goods of another person or as services provided by another person, or the remedies in respect thereof.

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