Registered trademark grants trademark owner with several distinct advantages in using and protecting a mark. It provides a legal presumption of ownership and exclusive rights to use the trademark in connection with goods or services. Securing a registered trademark protects the brand, and also prevent any third person from using similar trademarks. There are several benefits of registering a trademark few of them are mentioned below:
Importance of Registering a Trademark
Some of the important reasons for registering a trademark are as follows
Registering a trademark provide you with stability to cultivate a stronger presence before consumers. A registered trademark naturally creates a brand perception of authenticity and transparency among the brand’s consumers or clients. It can enhance brand value and function efficiently without any legal hurdles.
A trademark registered is a valuable asset. The value of any trademark is directly co-related to the reputation of the service provided. Trademark promotes the way for expansion from one industry to another. Trademarks can be bought, sold, licensed or at times used as a security interest to secure a loan for your business.
Protection of trademark
It secures your trademark from unfair practices such as the use of deceptively similar marks by any third person that could cause confusion among consumers. A registered trademark provides legal protection from such unfair practices. It also improves the possibility to recover damages and can also be pursued for legal action against trademark infringement.
Legal Benefits of trademark registration
Advantages in Court
A registered trademark is a valid proof of ownership. When a business or individual proceeds to enforce its trademark rights in litigation, the business or individual will have the ability to prove its rights through a certificate of registration issued by the relevant authority. The ability to provide trademark rights through an issued certificate may avoid the possibility of producing documents to prove the intention of use of trademark and also it was not generic, descriptive, or confusingly identical to another trademark. Below mentioned are few legal benefits for registering a trademark:
The legal reason that you should register your trademark is that if there is somebody that infringes a trademark, it can be served as legal evidence in the court.
A trademark registration will can be evidence of legal rights in a product or services provided. The registration certificate can be provided as legal validity on the trademark.
Once a trademark is registered, the owner may apply for indisputable status for the trademark. If the registered status is granted, it can eliminate many different challenges another individual may have for the trademark. An indisputable trademark cannot be challenged for (1) being confusingly similar to another trademark, (2) being functional.
Seek injunction (An injunction is a legal remedy or an order from the court that compel a party to refrain from specific acts).
Application of trademark registration is strong evidence in regard to the use of a trademark. If anyone infringes or use a similar logo/name, which is enough to confuse the potential consumers or clients. A registered owner of a trademark may seek an injunction from the court.
The owner of the trademark may claim damages for loss occurred. The owner may claim damages for (not limited to)
- Profit loss
- Injury to goodwill or reputation of the trademark
Trademark registration has to be initiated efficiently Farahat and co will conduct a background search and provides a high degree of specialization in Registration of trademarks. We have a team of expert for managing the intellectual property laws for many clients. For further information please contact us.