When you happen to have products or probably, you are offering a service that is under a certain trademark or brand name, you better ensure that you are protecting not only the identity of your business, but also its commercial advantage and market position, and you can achieve this through trademark registration. Trademark registration is something attainable by means of filing an application at the Office of Intellectual Property Registration of the country you are in or you can fill up an application as part of a community registration.
There are tons of things that you should know regarding trademark registration such as the fact that it is not only a prima facie, it is also known as an immediate evidence that will prove of your ownership with a certain trademark that is registered in relevance to goods or services or both, which are protected by the registration itself. Furthermore, it has been said that trademark registration is the fastest way of securing monopoly rights since you can obtain it in four months or less and also, it is the most cost-effective among other intellectual property rights.
Yes, it is true that rights that are unregistered are recognized at a common law through the tort of transitory of, however if a claimant will bring such an action, there is a need for him or her to present proof of ownership, which can be stressful and burdensome. It will be a different story if the owner has applied for a trademark registration as his ownership will be advertised extensively, but if not, there is a big possibility of taking several years or more to accrue enforceable passing of rights which should be supported by evidences. We want you to know that passing off action is difficult and very expensive, especially if you want to make it as successful as possible, that is why the existence of trademark registration has really given us a chance to make thing easier and affordable for us.
Another thing that you should be aware of regarding trademark registration is the fact that it is powerful and has a benefit that is two-folds as well. It has been said that trademark registration is something that will give owners the right to make use of their trademark as much as they want, plus it also gives them a powerful tool or weapon in which they can use in trying to prevent others from making use of products or services that are confusingly similar to the ones they have or identical to their products or services. Not only that, you have to make sure that you register your trademark as soon as possible as doing so will prevent you from the risk of having your trademark taken and registered by another entity or having a similar one registered by them ahead of you, making you lose your right over it.