Why register a trade mark?
Subject to any earlier rights which may be established, registration of a trade mark gives the owner a right to exclusive use of the mark in respect of the goods or services registered. The owner can sue for infringement of his registration if someone else uses the same or a similar mark on the same or similar goods or services. Large sums of money may be spent on designing and advertising a particular product and mark. Unauthorised use of that mark may mean the rightful owner losing business and goodwill. If the trade mark is not registered then one may seek redress through the courts under common law in a “passing off” action. This is a much more complicated procedure. Firstly, the owner must establish that the mark is associated with his goods or services in the mind of the public.
Related Questions
- It is also very difficult to register a geographic name or a common surname as a trade mark, however, someone who has used one extensively for a considerable period of time may be able to achieve registration. Is my trade mark registrable?
- Can a trade mark be removed from the Register because of it not being in use after registration?
- What is the cheapest way to register a name of the company as a trade mark name?
