What are the benefits of Trademark registration?

What are the benefits of Trademark registration?

1. Exclusive rights

Trademark Registration gives the proprietor the right to exclusive use of the mark in respect of the goods or services covered by it. Possibly the most important reason for registration of a trade mark is the powerful remedies against unauthorised use.

2. Hypothecation / security

A registered trade mark can be hypothecated as security, meaning that a registered trade mark can be pledged as security to secure loan facilities much the same way as immovable property can be bonded.

3. Intangible property

A very important reason for registration is to create the trade mark as an identifiable intangible property in the legal sense. Trademark registration is a value store or receptacle of the value attaching to the reputation or goodwill that the product enjoys.

4. Licensing

A registered trade mark can be licensed. A trade mark licence can be recorded on the trade mark register, giving the licensee rights to institute legal proceedings in the event of infringement.

5. Assignment

A registered trade mark can be transferred. The same is not possible for a common law trade mark, which can only be transferred with the business.

6. Deterrent

Trademark registration deters other traders from using trademarks that are similar or identical to yours in relation to goods and services like yours. By using the ® symbol, youput others on notice of your rights. Moreover, a registered mark can be found when others search the official register before choosing to commence using a particular name.

7. Use in proceedings

A trademark registration is prima facie evidence of validity of the registration and the rights conveyed by registration. In legal proceedings relating to a registered trade marks the fact that a person is registered as the proprietor of the trade mark is evidence of the validity of the original registration of the trade mark, unless the contrary is proved.

8. The right to use the symbol ® or “R” or word registered

Once the trade marks is registered the symbol ® or “R” or word “Registered” may be used for the goods and services listed in the registration.

9. Foreign territories

A registered mark can be used as a basis to obtain registration in some foreign countries, facilitating protection of the brand worldwide as the business expands.

 


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