Lessons Learned from Years with Services
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. 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.
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. 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 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. 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.