If you happen to be offering a service or manufacturing a particular product which falls under a certain trademark or a brand name, the best thing that you can do about this is to protect it, protect everything that has something to do with it like your commercial advantages, your business identity and even your market position by registering your trademark. 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.
There are other things that you have to know regarding trademark registration such as the fact that it is considered as a prima facie and an immediate evidence of the ownership of the trademark that is registered in relation to the goods or the services covered by the registration itself. Trademark registration is considered as well as the most cost effective and fastest way of securing your monopoly rights. In addition to that, the time it will take for the registration process to be completed will not exceed 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. 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. 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. That is why if you have a brand name or a trademark and you want to secure the right for it, you better register it as early as you can.