With many companies offering similar goods and services it is your brand that is your competitive advantage. Many businesses assume that registering a company or domain name gives them protection for that name. Though logical, this isn't always the case.
Your brand is only protected and defended if it is registered as a trademark. The registration procedure results in a registration certificate which has legal status, allowing the owner of the registered trademark the exclusive right to use that mark.
1. What is a Trademark?
A trademark is either a word, name, logo or slogan used to identify and distinguish the goods or services of one business from its competitors. In short, it's your brand name.
2. Can I Reserve a Trademark Before I Use It?
Yes. In many countries a trademark can be "reserved" with the relevant Trade Mark Office by filing an application. The laws do differ in each country. For example, in the UK, there is no requirement to prove use of the mark for the first five years. In the USA the application can be filed on an Intent-to-Use basis. Although an Intent-to-Use Application requires additional paperwork to be filed during the Registration Process, it permits persons to reserve a trademark for future use while their business, brand, or product line is developed.
3. Should a Trademark Search Be Performed to Make Sure my Trademark is Available Before I File an Application or Begin To Use the Brand Name?
Absolutely, as a search allows you to verify that your proposed mark is not in use by another and is available for you to use. Do a general search on the internet. Also think about Companies House registrations, domain names and social media names too. You want to be able to use your name across all media.
A trademark clearance search undertaken by an expert will verify that the proposed mark is not in use by another and will confirm that it is a name that complies with Trade Mark Laws. Appointing an expert will save you from paying fees to file an application only for it to be rejected or challenged. The Intellectual Property Office does not refund fees for a failed application.
4. Where is a Trademark Registration Valid?
A registration only protects your mark in the country it is registered in. However, any trademark owner with an application or registration can extend protection of that trademark into over 84 other countries.
5. Do I Have To Register a Trademark to Use a Brand Name?
It is not a requirement, however, registration has several key advantages. You can enforce a trademark and stop others from using your brand name or similar marks thereto. A trademark registration provides:
Notice and evidence of your claim of ownership of a trademark;
Puts people off using your trademark and allows you to take action against them if they do;
Allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use your trademark;
Is your property, which means you can sell it, or let other people have a licence that allows them to use it.
Dale Campbell, Director at TradeMark Tribe says:
"without a registered trade mark your business is at risk. Think about how devastating it can be when a competitor uses your name and takes all your customers with them".
Trademarks are probably the cheapest intellectual property asset to protect. If you are ever challenged then the party who has had the foresight to register their trademark will retain the upper hand. With a registration lasting 10 years, obtaining a trademark is one of the best investments in your brand you will ever make.
Source:
http://bizitalk.com/2013/08/23/five-things-every-business-should-know-about-trademarks/
http://innovationova.blogspot.com
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