If you happen to be offering a service or manufacturing a particular product which falls under a certain trademark or a brand name, the best thing that you can do about this is to protect it, protect everything that has something to do with it like your commercial advantages, your business identity and even your market position by registering your trademark. When it comes to trademark registration, we want you to know that this is a kind of registration that can be attained by filing an application at the IPO or intellectual Property Office or even as a part of the community registration which covers all the member state.
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. This is also known for being the quickest and the most cost effective way in terms of securing your monopoly rights. In addition to that, the time it will take for the registration process to be completed will not exceed 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. We want you to be aware of the fact that save for when the trademark has been advertised very extensively in the place you are located at, it normally would take several years of even more for you to amass passing off rights that are enforceable and this must be supported by legal and legit evidences. It would be best for you to be aware of the fact that it is quite difficult and really expensive to make sure that the passing off action will be successful.
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. This means that trademark registration has the ability of ensuring you the continued use of the trademark that you have and also, secures a weapon that is powerful to try preventing others from using a confusingly similar one or identical one in relation to overlapping or services or goods that are relevant to it. Trademark registration is the only way for you to protect your trademark or your brand name from getting used by others.