Under the Indian law it is not compulsory that a trademark must be registered. But registration confers on the registered proprietor the exclusive right to use his brand for goods and services in respect of which trademark has been registered within the limits of India. 

• Where a person unauthorizedly uses the trademark of a registered proprietor the latter can initiate infringement proceedings where as an unregistered proprietor can only initiate a suit for Passing Off.
• In an action for infringement it is sufficient to establish that the mark is deceptively similar to that of the registered proprietor but in an action for Passing Off it is additionally essential to prove that such a mark is bound to cause confusion among public.
• Infringement is a statutory remedy where as Passing Off is a common law remedy.
• It prevents others from cashing on the goodwill of the registered proprietor
• It gives the status of branded goods
• It induces an impression on the part of the customers that the goods sold relate to good standards.
• An unregistered proprietor, unlike the registered one, may be given protection only in the geographical area to which the use of the trademark relates.
• A registered trademark can be assigned, licensed or sold for better consideration.
• Once registered it can be renewed indefinitely.