Importance of Trademark Registration for Business Protection

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Importance of Trademark Registration for Business Protection

A trademark is a designation of a unique product that has been developed, created and put into operation by one or another organization. Trademarks are subject to registration, which provides certain benefits to companies. The most important thing that a company receives when registering a trademark is a guarantee of security for its money.

Every entrepreneur invests in promoting their brand. Pays for advertising, promotion in search engines and social networks, develops packaging and orders advertising materials from the printing house. The brand becomes recognizable.

If a brand is not registered, anyone can register a trademark for themselves. And we’re not just talking about competitors and companies from other regions and even countries. There are situations when people look for unregistered brands, register them in their name and demand money from business owners for the opportunity to continue using the trademark. Below we will look at why it is still necessary to register a trade mark and what benefits this will bring to the entrepreneur.

Our company is ready to provide you with comprehensive support in registering a trademark and provide other corporate services. We work for your benefit and effective commercial activities.

Concept of Trademark

Let’s consider the general concept of what can belong to a particular company, and how it can belong to an organization. There is such a concept as a brand – this is how consumers know your company. The name that your target audience recognizes and perceives, as well as under which you release your products, is your brand name. If you have registered one name with the tax authorities, this does not guarantee that the name is assigned to you and other companies cannot use it. Any legal entity name can be used. But only those who have registered this name as a trademark have the right to safely produce products under one name or another.

One legal entity can have several brands. However, the registered organization itself may remain alone. A trademark is an intellectual property right and is a designation of a product or service that a particular company can produce, release and distribute to the general public.

A company can register any information that helps users differentiate it from its competitors. In general terms, there are several types of trademarks.

  1. A verbal trademark is a name. It can be written using a corporate font. If you register your brand in a signature font, another company will not be able to register it in a different color or letter shape.
  2. Images: these are logos and any kind of images by which consumers and partners recognize your products or services. If you have registered an image as a trademark, no one will be able to place it on their products.
  3. Combined: these are logos, that is, images with letters. You can use a name together with an emblem, registering a combined mark and saving on separate registration of a figurative and verbal designation.
  4. Sound is any melody by which any client recognizes the brand.

If a business has been established and is run by one person or group of people who are promoting a personal brand, names or a combination of names can be registered as a trademark.

How Trademark Registration Helps Prevent Copying and Unauthorized Use of the Brand

The main purpose of registration is to become the sole copyright holder of a name and prevent everyone else from using the same or similar name in business.

This is necessary so that buyers can distinguish one company and product from another, and entrepreneurs do not suffer damage and can protect the market from counterfeits. If someone decides to use your name without permission, you can hold the violators accountable, in particular, force the competitor to change the name and destroy all products that were released under your brand, while collecting compensation. A violation of a trademark will be considered not only the use of exactly the same designation, but also a confusingly similar one.

Let’s look at the benefits that trademark registration gives entrepreneurs.

Then no one will be able to carry out business activities under the same name. Many entrepreneurs promoting personal brands take on a pseudonym.

  1. The right to officially own a trademark in any commercial competition, since if it is not registered, it is not protected. This also includes the right to prohibit the use of your trademark or a trademark similar to yours in your field of activity.
  2. The right to dispose, in particular to grant licenses, franchises and sell a trademark. These procedures require mandatory registration, since only it provides the possibility of legal and officially confirmed ownership.
  3. Possibility to seek compensation for losses incurred, that arose as a result of the illegal use of a trademark or brand.
  4. The company’s profits increase when the brand becomes recognizable; it may receive royalties from licensed use of the trademark.
  5. There is an opportunity to start working with large networks and world-famous brands. In addition to such profitable cooperation, a brand can be made an intangible asset of the company, which will increase its value.
  6. A registered trademark will allow you to distinguish your product from the mass of similar ones that competitors may produce, and the consumer will confuse it with yours.
  7. Protection from competitors. After registering a trademark, you will have the opportunity to protect yourself from competitors. On the one hand, you will have in your hands all the tools to combat competitors who may assign a designation or one similar to it. In case of violation, you can contact the courts or law enforcement agencies, including the chamber of patent disputes and others. You will protect yourself from the actions of competitors. In addition, your competitors can be held administratively liable for infringement and illegal use of your trademark.
  8. Advertising placement. The media prefer to refuse to place advertising signs that have not been registered. If you register a trademark, you will be able to freely advertise the product in any media.
  9. A trademark is a sign of distinction of products’ design. Buyers get lost in the abundance of brands around. In order for them to distinguish your product from the product of another seller and to highlight your commercial identity, you need a trademark on the packaging or on the product itself.
  10. Brand capitalization and financial increase. Registering a trademark is the first step to developing a brand. Over time, the brand becomes recognizable and turns into an intangible asset, the right to use which can be sold as a franchise and generate income.
  11. Quality assurance. The trademark on the packaging shows the buyer that the quality of the product is protected by law and guaranteed by the seller.

Without registration, business owners cannot be sure that the brand will belong to them and that all the money invested in promotion and promotion will not go to competitors.

Trademark registration process

The procedure for registering a trademark is lengthy and technically complex. However, not everyone manages to register their brand the first time. Our specialists will provide you with comprehensive support, taking upon themselves the solution of all complex issues, and providing you with only effective and quick results. There are basic rules for registering a trademark.

  1. Only a legal entity or an individual entrepreneur has the right to apply and register a trademark. This aspect may vary depending on the jurisdiction.
  2. The application may be filed personally by the applicant or through a patent attorney registered with the patent office of the chosen jurisdiction.
  3. Trademarks similar to other designations cannot be registered.
  4. You can begin the registration process only after a preliminary check; without it, there is a possibility of not only receiving a refusal, but also incurring losses associated with the costs of state duties.

All main legal aspects that relate to patenting intellectual property are described in national legal acts. All registered objects are stored in the intellectual property register. Everyone can check whether their symbolism is free. Trademarks are registered in certain classes of the international classification of goods and services.

Patent attorneys are lawyers who specialize in issues related to intellectual property. To become a patent attorney, any person need:

  • Have higher education;
  • Have at least 4 years of practice related to the registration of intellectual property: be a clerk or an IP lawyer without the status of an attorney;
  • pass the exam and confirm your qualifications.

Thus, patent attorneys are specialists who, better than any other lawyer, understand the issues of registration of trademarks, inventions, utility models and other types of intellectual property, understand what algorithms specialists use to decide on registration and what strategy to choose to register a brand or challenge the refusal to register a trademark.

Our experts are ready to become your trusted partners in registering your trademark to ensure the protection of your business and brand. We have extensive experience and practical knowledge in registering and protection of intellectual property rights, and also always keep ourselves up to date with the latest innovations and changes. Contact us today.

Article’s author is Denys Chernyshov – founder and CEO of the leading international law firm Eternity Law International.

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