Why should you register
a trade mark?
Trade mark registration is not compulsory. However,
registration in each country in which it is
intended to be used is recommended. A registered
trade mark confers upon its owner the exclusive
legal right to use, license or sell it within
the country of registration.
If your mark is not registered,
you would have to rely on the common law action
of passing-off to protect your mark from infringement
or imitation. Such actions would be costly and
time consuming.
If you do register your mark,
you have a statutory monopoly to enforce your
rights in the mark. You can sue for infringement
of the registered mark if someone else uses
the same or similar mark on the same or similar
goods or services in respect of which the mark
is registered.
Is your trade mark registrable?
The trade mark law and practice differ according
to the legislation in each country. However,
some common objections to registration are that
the proposed mark is not distinctive, has direct
reference to the goods or services applied for,
is a surname or geographical name. Further,
the proposed mark must not be identical or similar
to an earlier mark on the register.
It is therefore advisable to
ascertain the availability of the proposed mark
in a particular country by conducting searches
on the relevant register to ensure that the
proposed mark does not conflict with other pending
or registered marks. We are able to conduct
the relevant searches and advise on the availability
and registrability of your chosen mark.
Specification of goods
and services
It is important that the application is filed
in the correct class of goods or services as
transfer of classes is not allowed in some countries.
Multi-class applications are usually available.
Registration
The registration of a trade mark is usually
valid for 10 years and may be renewed indefinitely
subject to payment of renewal fees.
Who
can apply?
Any person or corporation (local or foreign)
claiming to be the bona fide proprietor of the
mark may apply for registration.
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