Trademark law is very well established globally. It is still flouted in some developing nations but that is the joy of the jungle. Most established companies these days have trademark protection or are in the process of getting protection. Most people think that you have to legally register a mark to be able to use it but the opposite is true. You register a mark so that others cannot use it! When you register a trademark you gain the unique right to be the only one to use the mark or to control who can use it.
A trademark is a particular mark that allows customers to recognize you without seeing your product or service. It is a unique part of your brand. Trials have shown that you can exhibit just part of a well-known trademark and people know which brand it belongs to. This indicates the power of a good image and how the brain works at recalling such things. This is why it is important to legally protect important marks and words.
You do not need to legally record a mark to own it and stop others using it but like most things in the arena of law – the one who holds the papers first wins! Registration legally delimitates the date of ownership beyond any sense of doubt. In some countries common law gives some protective cover but at the end of the day you have more protection if you hire trademark lawyers to protect important intellectual property.
These days you can self-register a trademark but there are inherent dangers of doing this of course. Trademark attorneys of course know how to register and how to protect possession if the rights are misused. They know the full story of registration and protection. If you self-register you may get a cheap registration but you may have left a loop-hole for somebody to misuse your rights later on.
Registration of trademarks can be done in one or more countries. Currently there is no such thing as a international trademark. You have to register in all the nations where you need protection.
Registration has become easier over the recent years with the introduction of systems like the Madrid System of International Registration of Marks through the World Intellectual Property Organization, Geneva, Switzerland but global registration is still a boring and fairly costly process.
Of course the benefits of registering a trademark outweigh the costs and challenges. If you are serious about your company you should be looking into at registration today.
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