In India, registration of a Trademark under the (Indian) Trade Marks Act, 1999 is not a condition precedent for seeking protection in India. So, both, registered and unregistered trademarks are protectable in India by way of an infringement or passing off action in the court of law. However benefits of trademark registration are: Identification; Uniqueness; Company’s Goodwill; Security to Intellectual property and Business Profits; Rights for Legal Proceedings against Trademark Infringement; Ease of making Advertisement and Strong Public relations; and forms the basis for entering into the International Business and Global Marketing.
Registration also gives notice to the public of your claim of ownership of the mark, which allows you to prevent registration of confusingly similar trademarks without having to do anything (because the Registrar of Trademarks generally will not register marks that are confusingly similar to yours, even if you don’t oppose the registration). Alternatively, not registering your trademark can result in you losing the right to use your trademark nationwide. It can also make it difficult to prevent others from using your trademark or a trademark that is confusingly similar to yours.
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