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Advantages of Trade Mark Registration

  • Trade mark registration acts as proof of ownership and entitlement to the brand and owners are entitled to prevent competitors from using the same or similar trade marks on the same or similar goods.
  • Trade mark registration grants a statutory monopoly in the brand. Even if a competitor at a later date comes to the idea totally independently, the owner of the registration still has the right to sue for infringement, when another party uses the same or a confusingly similar brand (trade mark) relating to the same or similar goods/services to those covered by the registration.
  • Trade mark registration enables, without proof of actual damage, an infringement action to be brought against any identical or similar mark adopted after the filing date, for identical or similar goods, or where there is likelihood of confusion or association with the earlier trade mark.
  • Trade mark registration can be obtained before the brand has been used as long as there is genuine intention to use it.
  • Trade mark registration gives security of mind to the owners of the registered mark. Owners of similar but unregistered brands cannot claim infringement but have to rely upon common-law rights.
  • Any individual or corporate body may register a trade mark.
  • Registered brands are classed as intellectual property and ownership can be transferred, or the rights to use the mark can be licenced.
  • Owners of registered trade marks cannot be sued for trade mark infringement for use of the mark in relation to the goods/services of the registration.
  • Unlike patents and designs, Trade Marks remain registered as long as the renewal fees are paid every 10 years.