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. 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.
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.
Many of us may be confident not to register the rights that they have with their goods or with their service as this kind of act are still recognized by the common law through the tort of passing of yet, what they do not realize are the consequences that come together with it such as the fact that there will be a heavy burden of proof upon the claimant, which is you, to be doing the said 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.
Another thing that we want you to know regarding trademark registration is that it is powerful, not to mention how it has a two-fold benefit. What this means is that it has the ability of ensuring the continued right of using the trademark that you have and at the same time, securing a weapon that is powerful to try and even prevent others from using an identical or confusingly similar trademark as you have in relation to overlapping or goods or services that are related. 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.