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.
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. Furthermore, we want you to know as well that the registration process for trademark registration can be completed 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. Unless the trademark has been extensively advertised in the place that you are based at, it usually takes several years or even more to accumulate enforceable passing off rights and this must be backed up by supporting evidences. As much as possible, you have to instill in your mind that ensuring the passing of rights will be successful in the end is not something that can be easily done as you have to face certain levels of difficulties plus, there goes the fact that it is very expensive as well.
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 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.