A trademark is a word, letters, phrase, symbol, design, numerals or a combination of these things that identifies your goods or services and distinguishes from those of other enterprises. It can be two-dimensional or three-dimensional features such as the shape and packaging of goods, non-visible signs such as sounds or fragrances, or color shades. It’s how customers recognize you in the marketplace and distinguish you from your competitors. Trademark owner can be an individual, business organization, or any legal entity.
Trademark protection can be obtained through registration in national or regional trademark office of each country/territory by filing an application and paying the prescribed fees.
Trademark owner enjoys the exclusive right of using the trademark for the goods or services it is granted for and the right to prevent others from using it. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. Registration provides legal certainty and strengthens the position of the right holder in case of infringement and litigation.
The validity of trademark registration can vary, but is usually ten years in most of the countries. It can be renewed for same periods on payment of prescribed fees in the last year of protection period.
⦁ Registration protects against others who trade in the same, but defective goods/services. This may lead to your reputation being ruined.
⦁ A trademark represents the reputation, experience, and expertise of the business and your trade mark tells customers who you are.
⦁ Registered brand and trademark increases business prospective.
⦁ It provides “concrete proof” of your legally protected rights.
⦁ Trademark is an intellectual intangible asset and investment of your business and it has monetary value.
Trademark Agent is not mandatory but recommended because it is a complex matter that needs legal advices and careful handling of registration process. Certain countries like UAE, an Agent only can register a trademark on behalf of foreign applicants.