Any procedure involving a company, such as its launch, expansion, or entry into new or foreign markets, necessitates the registration of a trademark. A trademark is a designation that aids in the protection of a company's name, slogan, and image. Once a trademark is registered, the owner must have the right to file an appeal against a copyright infringement in order to protect their service or label. The nuances and actual facts of the trademark (TM) registration process will be thoroughly discussed.
The term «trademark» refers to any designation that represents a company or its product/service. The trademark is designed to protect the organization's intellectual property while also distinguishing the company's products from those of competitors.
Whenever a trademark has been used in commerce, that is, when products and services are sold, the privileges to it instantly arise. If certain guidelines are enforced, automatic entitlement may assist the business in receiving additional benefits when utilizing for trademark registration, thereby adding value of the company's brand. It is important to remember that automatic entitlements do not provide the identical level of security as trademark application.
The following are the primary rights that the owner of a TM receives after registration:
National priority is especially important when registering a trademark in the EU, the United States, or Asia. If a trademark is registered, the owner has the legal right to prevent other people from using it in the country where the TM is registered (the owner of a registered trademark has the right to prohibit its use only in a certain geographical area). Because different companies with the same names can use online traffic, this has become very relevant in the modern world. It is also important for companies planning to expand because exclusive trademark rights valid throughout the country are more valuable than those that are geographically limited.
Obtaining exclusivity – registering a trademark is a quick and low-cost way to obtain exclusive rights. It has the potential to significantly reduce the risk of fraud and counterfeiting.
Geographic coverage – registering a brand as an IP object allows for nationwide protection, whereas registering a trademark in the EU grants its owner TM protection throughout the European Union. Furthermore, the presence of such a TM allows you to expand your business into other countries.
Preventing other businesses from using trademarks – When registering a trademark, keep in mind that IP rights prohibit other sellers from using similar trademarks.
Trademark Dispute Resolution – The trademark owner has the right to file a claim for trademark infringement and seek damages.
Trademark registration is a quick and safe way to license the use of TM by partners such as manufacturers, distributors, franchisees, and so on.
Increasing the company's recognition, reach, and value – TM enables you to increase the company's recognition, reach, and value.
In layman's terms, trademark registration is defined as the publication of data on the quality of services and goods, as well as their differences from competitors. The use of a registered trademark (illegal application of it to a product, label, or packaging – such a product is considered counterfeit) without the owner's consent is illegal and subject to civil, administrative, or criminal penalties.
There are two types of trademarks:
Traditional trademarks are designations used to identify a product's origin. Trademarks are essentially wordmarks, exclusive logos, and slogans.
Non-traditional trademarks are a new type of trademark that is distinct from existing traditional trademarks. As a result, complications may arise during their registration. Regardless, such marks must consider all conditions for unambiguous identification of the commercial origin of services or products.
Non-traditional trademarks are those that do not fall into the standard TM category and have a broad meaning. Keep in mind when registering a non-traditional trademark that it must distinguish one company's goods/services from the goods/services of others. It could be a specific color, a hologram, intangible signs, taste, smell, or sound.
There are several key factors to consider when scaling a business and expanding distribution channels, including the protection of TM in specific jurisdictions. Because there is no single international trademark, TM must be registered in each country. Several TM agreements are governed by the World Intellectual Property Organization (WIPO):
The right to TM will be protected by the country that issued the certificate for it. As a result, you must register it in the jurisdiction where you require protection.
The term for which you can register a trademark is ten years, but it can be extended if necessary. After five years of continuous use, you can obtain irrefutable status and a more significant right to property, for which the company must apply.
Any commercial process, including trademark registration, necessitates extensive knowledge in this field. To ensure that the procedure is carried out in accordance with the legislative norms of the jurisdiction you have chosen and that your rights are fully protected, it is recommended that you seek the qualified assistance of specialized specialists who will accompany you throughout the process.Our company's specialists can assist you in the process of registering a trademark in Europe, Asia, or the United States. Sign up for a consultation and get qualified support for TM regulation in the state you require. In addition, specialized specialists will help with the registration of TM. Fill out the form on the IQ Decision UK website, and one of our specialists will contact you as soon as possible.
A trademark is a legally protected designation of a company or its products or services in the form of a logo, word, slogan, or design. A trademark safeguards a company's or organization's intellectual property.
A trademark registration is typically valid for ten years. When this period expires, the TM owner may submit an application to renew the registration.
If you want to register a trademark, you should seek the advice of a professional. You can contact IQ Decision UK to schedule a consultation on trademark regulation in your preferred country.