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. 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.
You have to be aware as well of the fact that the trademark registration serves as the prima facie and as an immediate evidence too of the ownership that you have regarding a registered trademark related to the goods or the services which are covered by the registration. 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.
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.
The next thing that we want you to know when it comes to trademark registration is the fact that it is powerful and at the same time, it has two-fold benefits. 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.