Trademarks take the form of images, numerals, letters, words or a combination of these. They help in creating a distinction between your business and that of competitors. From another perspective, a trademark is a brand. Your clients identify you through the mark or logo hence the importance attached. Other than identification, logos help to establish and embed brand names in the minds of prospective customers. Also, branding makes marketing becomes easy, and this gives your goods and services easy penetration in the marketplace.
Importance of Trademarks
With a well-thought out mark, consumers distinguish your services or products from similar ones offered by competitors. They reinforce the quality message and could improve your reputation significantly. Besides, a trademark is an asset whose value appreciates. If you were to sell off the business, the buyer would be compelled to pay a high price owing to the goodwill you have built over the years. Customers tend to trust firms that use trademarks as compared to those that do not. That confidence translates into increased sales.
Trademark acquisition process
Infringement of trademarks can lead to legal action by the aggrieved party. The only way to ensure that you are not the aggressor is by registering your own. To do this, you will need to initiate a search in the commerce regulatory authority in your region. Once you ascertain that there is no similarity, you then submit an application detailing among other things:
- Name and address of the business
- A list of goods or services that the mark you are seeking to have relates
- Artwork showing the proposed logo or symbol
Later, your application has to go through an examination phase after which you will get feedback. If there are no objections, the registrar places the proposed trademark for public scrutiny by other business owners. During this phase, any trader or organization that feels there is an infringement is allowed to raise objections. Upon resolution of any complaints, the office in charge of registration confirms the mark. After this, you pay a fee, and the mark officially comes into being.
Legal hurdles in the registration process
You realize that there are tens if not hundreds of businesses carrying out operations similar to yours. At times it becomes almost impossible to come across marks that bear no resemblance to any other. You might be focusing on same areas only to realize that there are other elements of similarity that you might have overlooked. Also, there are marks which even though they are not registered could still be under legal protection under common law. Owners of these marks could take you to court and claim that they have been using the unregistered trademarks for a certain number of years. Eventually, you end up wasting time, resources and you could lose a competitive edge.
Seek the services of a trademark lawyer
Trademark legal experts can save you from the headache of having your business identity verified. Look for an individual or firm of advocates that is well versed with trademark laws in your region. Most importantly, go for a lawyer whose reputation is unquestionable. Such an expert will take you through the process with ease. A well connected and reputable law firm understands the ramifications of infringing on intellectual property. They will check and advise you accordingly. Moreover, working with trademark experts lessens the burden. Also, when there is the need for enforcement of your rights, trademark attorneys will file cases on your behalf. They also defend your firm when there is a dispute. This is where contacting us at will benefit you.
What a lawyer from our Law Firm will do
The law governing trademarks is a complex one. With a law firm behind you, there is no need to tire over paperwork and registration bureaucracy. The lawyer will do the heavy lifting for you. Besides, hiring a law firm helps you save money, and in the event of a legal contest, you get representation as part of the package. Most importantly, a trademark professional ensures that your brand does not contravene the law.