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. 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.
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. 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. 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.