A Simple Plan For Investigating Registrations
When you have a product or when you are offering a service and they fall under a certain brand name or trademark, what you can do best about this is to protect it, protect the market position that you have, the commercial advantages that you have and also, your business identity by means of registering your trademark. You have to be aware as well of the fact that trademark registration is a kind of registration which can be achieved if you are going to file for a trademark registration either as a part of the community registration which covers all the member state or through the IPO or Intellectual Property Office.
We want you to know as well that a trademark registration is a kind of prima facie and an immediate evidence as well of the ownership that you have regarding a trademark that has been registered concerning services or goods that are covered by the registration per se. Trademark registration is considered as well as the most cost effective and fastest way of securing your monopoly rights. And also, there goes the fact that the registration can be completely done in less than four months.
Yes, it is true that an unregistered rights are recognized at common law and this is done through the tort of passing of, but then again there is a heavy burden of proof upon the claimant bring the said kind of action. You have to know as well that except if the trademark that you have has been advertised very extensively in the place where you are situated at, expect that the process will take several years or more, especially in terms of accruing passing off rights that are enforceable as this must be supported by legit and legal evidences. As much as possible, you have to instill in your mind that ensuring the passing of rights will be successful in the end is not something that can be easily done as you have to face certain levels of difficulties plus, there goes the fact that it is very expensive as well.
Another thing that we want you to know regarding trademark registration is that it is powerful, not to mention how it has a two-fold benefit. What this means is that it has the ability of ensuring the continued right of using the trademark that you have and at the same time, securing a weapon that is powerful to try and even prevent others from using an identical or confusingly similar trademark as you have in relation to overlapping or goods or services that are related. That is why if you have a brand name or a trademark and you want to secure the right for it, you better register it as early as you can.