One may ask, what would I need a Trademark for? To that,
countless arguments may be made, but the biggest of them all is the
distinction function of the Trademark itself. This is how customers
come to internalize your business and distinguish your products or
services. This is how you compete in today’s highly competitive
market and this is how you stay ahead. This is how you fence
against potential competitors and their lookalike signs. This is
how you gain traction and win the game of memory.
Nevertheless, due to the fact that Intellectual property is not
one of the first things that comes up as an issue when creating new
business, it often stays at the side-lines and most of the time
without soliciting much attention to it.
However, protecting your IP and especially your Trademarks is an
important step as this is one of your business’s most valuable
assets.
Below we share two misconceptions that often pop up when dealing
with IP:
A company’s name confers the same legal rights as a
Trademark
You have made your applications for registering your
company’s name into the Companies Register. You get accepted.
Now pause. This has nothing to do with the Trademarks Register, a
completely different register. This has nothing to do with what a
trademark stands for. It neither provides any rights nor does it
protect against competitors.
If the company name corresponds with a trademarked name in the
Trademarks Register, then use of the company may even constitute an
infringement. The owner of the trademark is the only valid user of
the products and services offered under the trademark and not the
company name holder.
Therefore, registering is the only way to lawfully acquire
rights and protection for your mark.
A google search is all I need before proceeding to
registration
You have searched the internet and cannot find any sign relevant
or any word close to the one you are thinking of. This does not
mean that a similar mark does not exist in the Trademarks Register.
This does not mean that someone is not already using the mark. This
does not mean that similar marks will not impose a threat to yours.
This does not mean that your mark will be accepted for
registration, as similar marks may also stand in your way.
Searching the internet for the mark you are thinking of
registering will almost never be enough to keep you on the safe
side. You should always speak to a Trademark Attorney about
conducting a comprehensive clearance search of all relevant
trademark registers.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
