A trademark is used to distinguish a brand from the others. It can be a symbol, shape, word(s), or a combination of these. A company name can be used as a trademark, but registering a company through companies house does not automatically grant trademark protection. Registering trademark for your company and your brand will grant various advantages, one of the clear advantages is the right to put the ® symbol next to your trademark, which warns others against using it. Trademark registration also makes it easier to take legal action against counterfeiters and to sell and licence the brand. In this short article, we will explore more on the advantages of trademark, the registration and the certification of your trademark.
The trademark registration would normally go through several steps: search similar or identical trademark, classify the goods and services of your trademark, file the trademark application, examination, publication, opposition period, and registration.
Once the trademark is registered, the applicant will be awarded a Trademark Registration Certificate.
“Trademark Registration Certificate” is the legal proof of your registered trademark. When you are granted your trademark registration, the Intellectual Property Office (IPO) will issue a certificate endorsed with all selected classes. Therefore, it is vital for you to choose which class(es) to adopt and describe the best of your brand. However, if your brand registers a class which it does not fit or use, the IPO has the discretion to remove the class.
Trademarks can appreciate in value over time. The more your business reputation grows, the more valuable your brand will be. Trademarks provide value beyond your core business. Trademarks can lead the way for expansion from one industry to another, such as from personal care to clothing or eye ware. If you desire it, your trademark can lead to the acquisition of your business by a larger corporation.
A trademark is there to guarantee the trade source of the goods or services you are providing and which the consumer is purchasing.
Furthermore, as have mentioned above, trademark grants exclusivity. This would mean that you will be the only person who are able to sell products and services with that particular brand name. Presenting your certificate towards the direction of any potential defaulter is usually enough to prevent counterfeiters. In the absence of the registration, it is much more difficult and far more costly to enforce common law trademark rights.
Trademarks are generally valid for 10 years with a possibility to renew every 10 years. Once a trademark is renewed, a certificate of renewal is issued to the trademark owner.
Renewal periods can differ depending on the country or territories in which the trademark is held. For instance, in Canada, trademark registration is valid for 15 years and it can be renewed every 15 years; it can also be cancelled if the owner has not used the trademark within the first 3 years of registration.