What is distinction between registered trademark and unregistered trademark?

Registered Trademark

A registered trademark is one in which the proprietor of the marks files an application before the Trademarks Registery in the relevant class and is granted registration by the Trademarks Registry. To get registration, the applicant needs to show to the Registry that it's distinguishable from others and creates a unique identity for the product. Once Registered, a trademark gets protection under the Trademarks Act and the proprietor can sue any party using his trademark for infringement and can also claim damages. When the trademark is applied, the proprietor can add (TM) written in a small font on the upper right hand corner of the mark. Once Registered, (R) can be added in place of TM.

Register trademark in Vietnam

Unregistered Trademark

An unregistered trademark is one which is not registered by the Trademarks Registry. It may be a case of pending for registration or it may be a case where the proprietor has not filed any application for registration of trademark. There are cases where some proprietors use trademarks which are not capable of registration and they decide not to apply. There are also cases which which the proprietor decides to use a trademark which is deceptively similar to a registered trademark and the proprietor knows that it is almost impossible to get registration. In some cases, proprietor doesn't apply for registration due to ignorance of IP laws.

An unregistered trademark doesn't have much protection under trademarks act. The proprietor can only sue a third party for passing off and not infringement. The proprietor can also not stop any other party from using the same mark. In short the proprietor doesn't get any statutory protection but gets only some common law rights.

One can't use (R) with an unregistered trademark.

ANT Lawyers is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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