Why to register your Trademark

A trademark is an important legal document that any inventor will want to complete. Registering trademarks goes back almost over one hundred years. There are a number of reasons you would want to take the time to register a trademark. The first reason being the protection of a valuable asset, this is probably the most important reason behind registering a trademark. This preserves your rights re: the creator and owner of said trademark. This also helps with the second reason to file a trademark - to fend off other people who would want to nip at your heels of your creation. Usually competitors, distributors or other thieves look to steal ideas and items from people. A registered trademark can protect you from this.

Now sometimes a trademark can be misappropriated by mistake or coincidence. This is why the registration exists to keep these other people from infringing on your ideas. The third reason behind the trademark registration is the prevention of dilution. A trademark can become diluted when other companies and businesses all use the same style constantly. In a market where your consumer is constantly exposed to similar trademarks all of which are just about the same tend to lessen your own trademark's impact and sales diminish in the market.

The fourth reason spins out of the third with the potential loss of goodwill. A copied trademark can lead to mistrust in the marketplace. By whatever means most of the time a similar or copied trademark is not as high quality as your own. This is where cheap imitations come from in the open market. These imitations can sometimes confuse the consumer and your own trademark becomes known for the quality of the copied and imitated ones. This is the number one cause of loss of goods and sales in the marketplace today.

You can also register a trademark as a defensive measure. This is the act of registering your trademark outside of the United States. This prevents your trademark being used or copied outside of the confines of your home country.

The final reason anyone would want to register a trademark is for licensing purposes. This is how you gauge the value of your trademark. Other than being a tangible good which can be bought or sold, a trademark can also be an idea that can be licensed to other companies for their own use and sale. This is how most companies make their money from their trademarks by licensing them to other companies for production and sale.

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Protect your Brand

Irrespective of what your business or enterprise produces, whether it be toy cars, burgers, specialist equipment for the medical industry or sophisticated software applications, it is essential that you protect your intellectual and physical property through a process of brand protection. In an ever competitive marketplace, many businesses are fighting for a smaller chunk of the pie. Grabbing the attention of consumers is becoming increasingly difficult as more companies and suppliers enter the marketplace and actively compete for customers. Innovation in the delivery of products and services is seen by many as the key to gaining market share and increasing profitability.

However, there are other companies that simply aim to replicate the actions of leading and innovative companies to produce 'me-too' products, which are usually inferior in quality, functionality and design. Without the proper brand protection in place, your customers may end up utilising the services or purchasing products of one of these 'me-too' companies. Furthermore, the products being imitated or copied are usually made at a much cheaper cost, meaning the quality of the product is inferior to the original. This may have a negative impact upon the business as perceptions of the quality of the product may be passed onto your company. The end result could be less desirability in the marketplace, culminating in reduced sales and profitability.

A classic example in the modern economy is the near endless copying of Apple products by companies located in countries where the copyright laws are somewhat relaxed. Since the launch of the very popular iPhone and iPad, there have been literally hundreds of copied products on the market. They even look like the real deal, but unfortunately, they are cheap copies that do not even compare to the original product in relation to quality, functionality, connectedness and value. So how does Apple still sell millions of their products each and every year? The answer is simple... through the use of trademark registration and brand protection. Apple has invested a paramount figure into the development of their products and brand, and through the use of trademark protection and intellectual property registrations, has effectively promoted and protected the brand itself. Now people don't simply want a mobile phone with advanced interconnectivity options, they want an Apple.

No matter what industry you or your business are in, or current size of operation, it is essential that you afford yourself the appropriate level of protection in the marketplace. You wouldn't buy a Ferrari and have it unprotected? So why would you do this for your business, when there are available options for brand protection.

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The Benefits of Registering a Trademark

A trademark is a sign or logo used to distinguish goods and services of one company from another. It can be described as a brand identity for a specific individual or company in the market place and must be unique and distinguishable. It is vital for a company or individual to have a registered trademark so that competitors in the market are unable to exploit their brand identity, this is known as "passing off".

Benefits of Registering a Trademark

The main advantage of registering your trademark is to obtain a set of exclusive rights that are applicable to the mark owner only. In addition, registering your mark ensures that it is protected from unauthorized use by any third party or competitor.

In the case that a third party does use your mark without your authorization, you can seek the appropriate legal action in court. Essentially, trademark registration provides the owner with unlimited protection from cases of passing off and infringement of intellectual property rights.

Furthermore, it helps companies to create enhanced brand awareness in all countries the mark is registered in. Effective marketing will enable customers to recognize and associate the mark with the company products resulting in increased customer loyalty.

Trademark Registries

Trademark registration must be sought from the relevant intellectual property registry in your selected country of registration, thus ensuring your trademark rights are protected in all jurisdictions where you use the mark commercially.

The two main IPO's for multiple jurisdiction registration are the following;

Office for Harmonization of the Internal Market (OHIM): is the registry which monitors and issues approvals for registration across all 27 member states in Europe.

World Intellectual Property License (WIPO): is the registry that monitors the protection of trademarks and issues registration certificates for marks which meet the applicable WIPO standards.

The process to acquire a registered trademark is quite complex thus it is advised to seek the assistance of experienced consultants or attorneys who specialize in trademark registration.

How to Register a Trademark

1. Seek a professional and unique design

The process of registering a trademark is relatively easy with the guidance of a professional firm. The first step in registering is to design the mark. Your mark be unique and must not resemble any other existing trademarks, while also being capable of graphical representation.

2. Determine your jurisdictions for registration

You must then decide which jurisdictions are appropriate to register the trademark in. If the mark is to be deployed in only one jurisdiction, only the regulations and requirements of that country's specific intellectual property office will apply. Essentially most companies wish to register their trademark in more than one jurisdiction to obtain greater intellectual property protection, it's why many opt to go through WIPO or OHIM.

3. Perform a thorough search

The main concern and issue that most companies face is duplication of existing trademarks. In order to make sure that your company's mark is unique and distinct, a thorough search must be conducted. This will enable the company to determine whether their mark is already in use or similar to one which already exists.

4. Publish your trademark registration

Generally, the applicable intellectual property registry will conduct their own search to validate if the trademark is available or not. Once approved, the mark is published in an official publication or 'gazette' for a specified period of time in order to give the trademark the chance to be opposed by third parties.

5. Make an Appeal

In some cases, even if the trademark is not granted registration, a company is able to make an appeal on the decision of rejection in a bid to seek final approval for registration.

From TEAM Daniel & Boaz
Helpline:- 9840787702
email:- trademarkchennai@yahoo.in