What No One Knows About Trademarks
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. One thing that we want you to know about trademark registration is the fact that it can be obtained by filing a trademark application at the Intellectual Property Office or IPO or being a part of the community registration that covers every single member state.
There are other things that you have to know regarding trademark registration such as the fact that it is considered as a prima facie and an immediate evidence of the ownership of the trademark that is registered in relation to the goods or the services covered by the registration itself. It has been said too that trademark registration is the fastest and the most cost effective way there is when it comes to securing the monopoly rights that you have. In addition to that, the time it will take for the registration process to be completed will not exceed four months.
Many of us may be confident not to register the rights that they have with their goods or with their service as this kind of act are still recognized by the common law through the tort of passing of yet, what they do not realize are the consequences that come together with it such as the fact that there will be a heavy burden of proof upon the claimant, which is you, to be doing the said 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. Before doing anything, know that the passing off action, to be successful, you have to spend quite a sum of money and face a bit of difficulty in the process.
With regards to trademark registration, we want you to know as well that it is not only powerful but it also has two-fold benefit. This only goes to show that a trademark registration is capable of assuring you the continued right to use the trademark that you have and securing a weapon that is powerful as well so that it will prevent others from using a similar or identical trademark that you have concerning the goods or services related to it. Trademark registration is the only way for you to protect your trademark or your brand name from getting used by others.