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What rights are attached to an unregistered trademark?

BananaIP Counsels > What rights are attached to an unregistered trademark?

What rights are attached to an unregistered trademark?

A person using a trademark will get the right to prevent others from using the trademark. However, if a trademark is not registered, the trademark owner cannot file an action for infringement. An unregistered mark will have only the right of passing off under common law. However to exercise this right, the trader has to establish the use of the mark by factual evidence that he has an established trademark which has reputation and goodwill.

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