Trademark Protection? Why should I register my trademark?

Here are 5 good reasons why you should register your trademark to ensure you enjoy the benefits of trademark protection that it offers.

1. Registration secures your exclusive right to use your trademark

A trademark registration gives you the exclusive right to use your trademark for the goods and services covered by the registration. This means you can take steps to prevent other competitors from using an identical or similar brand for similar goods or services to yours! You can file a trademark opposition to prevent a new trademark that is similar to yours from being registered.

2. You can use the ® symbol!

When you have a trademark registration, you are entitled to use the registered trademark symbol - ® - and let the world know that you’ve taken steps to get trademark protection for your brand.

3. Trademark registrations are cheaper to enforce

Generally speaking, it is much cheaper (and easier) to take action against someone who uses your trademark without your permission if you have a trademark registration. This is because you can take action for trademark infringement. (Trademark infringement is only available to holders of registered trademarks.)

4. A registration is proof of ownership of the trademark

Trademarks can be registered or unregistered. An unregistered trademark is a brand that is in use but has not yet been protected by a trademark registration. 

If you don’t have a registration and someone else uses your trademark, you could take legal action to prevent them from using it, under fair trading legislation or passing off. However, in order to take action against your imitator, you first have to prove that you have built up a reputation over time or “goodwill” in your trademark. This can be a challenge. Building up a reputation may take years and gathering evidence as proof of this can be costly and time consuming. By registering a trademark, you eliminate the need to prove that you have built up sufficient reputation in the brand. You have trademark protection.

5. Your trademark registration is a business asset

Your registered trademark could be your most valuable business asset! You can trademark a business name, a logo and a slogan, if necessary. A value can be attributed to it and, like any asset, it can be bought or sold (and value attributed to it). You can also license your trademark to others - ie permit others to use your trademark subject to certain terms and conditions (and usually for a fee or other monetary consideration).