Trademark – Necessity and Importance.

So you spent years, if not months coming up with that distinct name for your company. The last thing you would want is someone else passing off their services or goods under that name.

Assume your name is Christopher, a brilliant photographer, perhaps a widely recognized and respected photographer but there is another Christopher who is a photographer but nowhere good as you are. Certainly Christopher “the brilliant photographer” does not want to be confused with the “not so good photographer” or have the “not bright” Christopher using your name to sell his photographs. Such circumstances may occur in business sector too, which is why it is important to protect the company name and trademark with a trademark registration.

While registering your trademark for legal protection against violation of your reputation and of your product, you should consider using a unique trademark name, the main reason being that if others have similar names or trademarks, it can cause confusion. To avoid such issues, you should search at the USPTO if you are in US, at the Intellectual Property office if you are in India or UK Intellectual Property Office if you are in UK.
In UK applications are filed at the UK Trade Marks Registry which is a part of the UK Intellectual Property Office. A UK trade mark registration covers England, Scotland, Wales and Northern Ireland and the Isle of Man. A UK registration can be extended to Jersey and Guernsey by application to the respective trade mark offices at those Islands at an additional cost. You can also file for registration at the EU Trademark office. Your trademark will be protected in all the countries in the European Union. The only disadvantage with EU registration is that if no opposition to the trademark occurs, it will take approximately 18 months before the marks is completely registered.
Registering for a trademark is beneficial for every industry. Each and every organization has its own product. In order to keep it unique and to avoid infringement of your trademark, you need to make a registration. In this world wide competitive market, you would need to protect your name and brand. If you want to highlight your company name or logo at an international level, your trademark should be unique and you should make an international trademark registration. A UK trademark registration will give you protection within UK, but not internationally.
You can protect your company and your business by this trademark registration. There are some requirements to make a trademark application.

  • 1. Specimen of the trademark
  • 2. If the mark is already in then where and when was it used the first time
  • 3. A drawing of the trademark and make sure the trademark drawing should be with good clarity
  • 4. The filing fees
  • 5. The services and goods that are providing by the mark
  • 6. The correspondences address and name.

If your product is patented and your trademark registration is complete, it will be illegal for any other company to use your trademark or sell your product without your permission. Navigating the trade mark offices whether in EU, India, UK or US can be a maze. A good trademark lawyer will help you navigate through this maze. Not only will they do all the necessary paperwork, they will also know the ins and outs of the trademark law and stop the violation of your trademark. The expertise of an experienced trademark attorney is beneficial when it comes to knowledge about the requirements for registration and the process.

Always remember that registering a trademark is not mandatory but it is important. Having a trademark notifies a person that he has the corner of his own market. It allows him to take legal action if another company attempts to undermine his name. It protects their market through the registration of a mark by publicly identifying their name. The protection allows the average enterprise greater peace of mind, ensuring that nobody can interfere with their customer base to confuse activity with their own business.