Difference Between Trademark and Registered Trademark in India

The difference between trademark and registered trademark is a critical concept for Indian businesses looking to protect their brand. A trademark identifies your brand and differentiates it from competitors, while a registered one provides exclusive legal protection under Indian law.

In India, trademarks are governed by the Trade Marks Act, 1999, while the Controller General of Patents, Designs and Trade Marks (CGPDTM) handles Trademark Registration. The ™ symbol indicates that a business is claiming a mark, but ownership arises from actual use in commerce, not the symbol itself. In contrast, a registered trademark (®) symbol grants exclusive legal rights, allowing the owner to enforce the mark, prevent infringement, and protect the brand’s reputation.

In this blog, we explain the key differences between a trademark and a registered trademark, and what Indian businesses need to know about protecting their brand.  

What is a Trademark Under Indian Law? Definition & Legal Aspect

A trademark is a unique sign or identifier that distinguishes a business’s goods or services from others in the market.

Under Section 2(1)(zb), a trademark can include a word, name, logo, symbol, design, slogan, shape of goods or packaging, or a combination of these. Its primary purpose is to help consumers recognize the brand and its source. This builds trust and ensures customers choose genuine products.

For example, famous Indian trademarks like Amul, Tata, and Big Bazaar instantly show customers who makes the product and what to expect.

What is a Registered Trademark (®)?

A registered trademark is a mark officially registered with the CGPDTM in India under the Trade Marks Act, 1999. Registration gives the owner exclusive legal rights in India: to use, sell, license, and enforce the mark against unauthorized use.

Key Features of Registered Trademarks in India:

• Statutory protection: Registration provides legal recognition and allows the owner to take action against infringers under the Act.
  
• Exclusive rights: Only the registered owner can use the mark for the specific goods or services. Unauthorized use can lead to legal action.
  
• Nationwide protection: Registered trademarks are protected across India, regardless of where the business operates.
  
• Renewable rights: Registration is valid for 10 years and can be renewed indefinitely through trademark renewal.
  
• Use of ® symbol: Once registered, the owner can use the ® symbol to indicate official registration and exclusive rights.
  
• Class-based protection: The Trademark Office registers marks under different classes of trademarks. Each class covers specific goods or services, which defines the scope of protection.

Example: Tata Motors is a registered trademark in India. The “Tata” name and logo are protected, preventing other companies from using the same or confusingly similar brand name for automotive products.

Tip: Register your trademark to protect your brand, build trust, and prevent copying. Use the ® symbol and document your mark’s use.

What is an Unregistered Trademark (™)?

An unregistered trademark is any mark, such as a name, logo, word, symbol, design, or packaging, that a business uses to identify its goods or services. It has not been formally registered with the CGPDTM in India. Unlike a registered trademark, the Trade Marks Act 1999 does not provide statutory protection for unregistered marks. However, Section 27 preserves passing-off rights, letting owners stop misuse by proving prior use and goodwill.

The ™ (Trademark) symbol indicates that a business claims ownership of a mark. It serves as public notice of the brand’s use, but does not grant legal rights under the Act.

Key Features of Unregistered Trademarks in India:

• Common law rights: Using a mark in commerce gives you certain rights based on prior use, and you enforce these rights through passing off rather than statutory law.
  
• Limited legal protection: You cannot file a statutory infringement suit. To stop misuse, you must prove goodwill and consumer confusion in a passing-off trademark case.
  
• Geographical scope: Protection usually covers only the regions where customers have seen and recognized your mark.
  
• No exclusive rights: Others may use similar marks in different regions, making enforcement challenging.

Example: In N.R. Dongre & Ors vs Whirlpool & Anr, Dongre was using the “Whirlpool” mark to sell their goods. The Supreme Court protected this unregistered mark, showing that passing-off rights can enforce brand protection even without registration.

Tip: Consistently using ™ and documenting its use strengthens brand recognition and supports legal claims before registration.

What is the Difference Between Trademark and Registered Trademark in India?

Not all brand marks are created equal. A ™ (trademark) can signal your brand, but a ® (registered trademark) gives you legal muscle, exclusive rights, and nationwide protection. 

The table below breaks down the key differences every Indian business must know:

Aspect / Feature	Unregistered Trademark (™)	Registered Trademark (®)
Legal Basis	Not recognized under the Trade Marks Act, 1999; protected mainly through common law / passing off	The Trade Marks Act, 1999, grants statutory protection to registered trademarks
Symbol Used	™	®
Legal Protection	Limited to passing off; must prove goodwill and consumer confusion	Strong statutory protection; infringement can be enforced in court
Enforceability	Harder to enforce; requires passing-off suit	Easier to enforce via a statutory infringement action in Indian courts
Geographical Scope	Protection limited to regions where the mark is known	Nationwide protection across India
Exclusive Rights	No exclusive rights; others may use similar marks in different regions	Exclusive rights to use, license, and stop unauthorized use
Duration	Depends on proof of use; no fixed term	Valid for 10 years, renewable indefinitely
Prima Facie Evidence	No prima facie proof of ownership	Registration serves as prima facie evidence of ownership

Note: Even without registration, consistent use of a mark can help establish market presence.

™ vs ®: How and When to Use Trademark Symbols in India?

Knowing how and when to use ™ and ® helps Indian businesses clearly communicate brand claims. It also allows them to leverage legal rights at the right time. 

Below are common scenarios you’ll encounter in practice:

1. Using ™ (Unregistered Trademark)

Before your trademark is registered, you can use the ™ symbol. This shows that you are claiming rights in a mark.

• Startups & New Brands: Use ™ on logos, product names, and packaging even before registration.
• Market Testing: ™ signals your intent to protect a brand. It also helps assess customer response.
• Marketing Materials: Include ™ on websites, social media, brochures, and advertisements. This indicates ownership.

Example: Delhi bakery Happy Belly Bakes successfully defended its rights against Amazon’s similar “Happy Belly” private label in the Delhi High Court. Early use helped build a reputation and supported a passing‑off claim even before brand registration.

2. Using ® (Registered Trademark)

Once your trademark is officially registered with the CGPDTM, you can use ®. This signifies full legal protection.

• After Registration: Use ® to show your mark has been legally recognized. It is now protected under the law.
• Legal Enforcement: ® provides prima facie evidence of ownership in trademark infringement cases.
• Business & Licensing: Display ® on products, packaging, websites, and agreements. This demonstrates nationwide protection.

Example: Brands like Amul and Mahindra use the ® symbol across products and communications. It shows that the owners have registered, protected, and can enforce their marks under Indian law.

Confused about whether to use ™ or ® for your brand? RegisterKaro, with 5+ years of experience in brand protection and trademark registration process, can help. We guide you on proper symbol usage and legal enforcement, ensuring your business secures exclusive rights and avoids infringement. Contact us for simple, reliable trademark support.

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