Trademark Protection Rights

What a Trademark Gives You
A registered trademark gives the owner the exclusive legal right to use, license or sell their products within the country in which the trademark has been registered. Therefore, a trademark gives the business exclusive rights. If the exclusive rights are infringed in any way, the owner of a trademark can lawfully prosecute any of the parties causing the infringement.

There are some names, marks or letters that are not available to some businesses when they try to register a trademark. This is because it is similar to, or the same type of sign or symbol already registered to someone else.

You cannot register a trademark for a generic type name such as ‘swimming' or ‘river' etc. You cannot register a trademark that is misleading to the public regarding the nature of your products and services. Also, common names and geographic names are not acceptable.

A good trademark can give the image of quality and reliability. This is the reason why some companies have put a substantial value on their trademarks - because of the type of service and products they supply. Used correctly, it is a great marketing tool, and the option for a business to trademark something they believe is of value, should not be taken lightly.

While the registration of a trademark is not compulsory, an astute business owner should see it as an advantage to the business.

How Are Rights To A Mark Obtained?
In most countries the rights to a trademark are obtained by filing an application for registration. In some countries the rights are obtained by use. Once an application is received and examined, the registration is generally granted if there is no conflicting mark found and it is capable of being distinguished for the goods and services involved.

Some applications take a while because often they need to be published for review by interested parties and other parties with similar marks can challenge them.