In most countries in the world, the use of a trademark will not give you any exclusive rights to that trademark nor will it give you any legal protection against unauthorized use of that mark by third parties.
Why register a trademark?
In most countries in the world, the use of a trademark will not give you any exclusive rights nor will it give you any legal protection against the use of that mark by others. In principle, only on the basis of a registration will you acquire exclusive rights to a trademark. Having a registered trademark does not only increase the value of your business, it also comes with penalties for would-be infringers; this serves as a big deterrent to copycats and counterfeiters. Because trademark protection is mainly bound by territory, your rights are confined to those countries in which your mark was applied for and registered. Therefore, you need to protect your trademark in all countries where your mark is or will be used.
Why register a trademark?
In short, the most important benefits for the registration of your trademark are:
- You gain the exclusive right to use the trademark in the territory of registration to promote the goods and/or services that it covers.
- The legal protection for a registered trademark will deter others from trying to imitate your brand or benefit from its success.
- Your mark is registered in the (publicly) searchable trademark registers/ databases. Other businesses intending to register the same or a similar trademark can see that your mark is protected.
- You can sue for infringement if a business or person uses the same or a ‘confusingly similar’ mark on the same or similar goods/services.
- The registration process in some countries helps to ensure that you will not infringe on the rights of a similar registered mark.
- Once your mark is successfully registered, you are protected from others claiming you may be infringing upon their mark.
- A registered trademark adds value to your business in the form of ‘goodwill’ that can increase substantially over time as the mark becomes established in the market.
- As your registered and protected property, you can sell or assign the trade mark to another person or business, or license its use to other parties.
If you do not register your mark you stand to lose out on the legal protection and other benefits listed above. An unregistered mark is also harder to protect because you must rely on the law of passing off or local laws. Such actions can be more difficult to prove and can involve lengthy and costly litigation.
You want to register brand, If you require help or more information, please contact our for detailed advice