For those of you out there who are manufacturing a certain kind of product or are offering services under a brand name or a trademark, it is best for you to protect the business identity that you have, your market position as well as your commercial advantage and you can do this by doing trademark registration. 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. 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.
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.