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What are the benefits or advantages of a registered trademark as compared to unregistered trademark in India?

The following are the benefits or advantages of a registered trademark over an unregistered trademark in India-

  • Only a registered proprietor has the legal right to use the ┬« symbol on its Trademark, which forms the prestige of the brand.
  • Statutory right over the trademark.
  • Exclusive right to lease, license or assignment of the trademark.
  • Suit for infringement can be filed only by a registered proprietor. Unregistered proprietor can file passing off suit only against an infringer.
  • Right to seek civil, criminal and administrative remedies.
  • Right to seek both civil and criminal penalties against counterfeiters.
  • Constructive notice of ownership of the Trademark.

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