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. 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. 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. 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. 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. This is the very reason why it is important on your end to register the trademark that you have to prevent this kind of situation to happen.