How do unregistered trade marks differ from registered ones?
One of the main differences between registered and unregistered trade marks is that it is generally easier to enforce a registered trade mark. To enforce your rights in an unregistered mark, it is necessary to bring a passing off action. This involves proving that you have a reputation in that mark, and that there has been a misrepresentation in the course of trade to a prospective customer or ultimate consumer, which is likely to injure your goodwill or business. With a registered trade mark, you tend not to need to prove that you have goodwill in the mark. Nor do you need to establish that the public has been confused by the competitor’s use. Therefore, suing for passing off tends to be more complex and more expensive than suing for trade mark infringement.
