“You can’t build a reputation with what you’re trying to do.”
~ Henry Ford
Your brand’s identity is very important, and the level of protection it receives through your trademark can have a significant impact on your ability to defend against competitors. Failure to properly protect your trademark can leave you vulnerable to imitators targeting your customer base and market share.
Trademarks protect the unique identity of a brand or product, including its name, logo, and tagline. There are two main categories of trademark rights: registered and unregistered.
Registered trademarks provide stronger legal protection than unregistered trademarks. They give you the exclusive right to use a particular trademark in connection with specific goods or services in the country in which you register it. Registering your trademark provides nationwide protection and allows you to enforce your rights against potential infringers. It also lets others know that the trademark has already been claimed. It’s your share of the land.
On the other hand, unregistered trademarks still offer some protection, but it is limited. These rights arise automatically through actual use of a distinctive mark in a commercial setting. However, the onus is on you to prove that you are using it and keeping records.
Unregistered trademarks may enjoy some protection within the geographic area in which they are used, but it may be difficult to enforce these rights outside of a specific territory. The people you try to claim their rights to are basically forced to copy your brand outright, known as “passing off.” This means that someone can create a mark that is very similar to your brand, and unless you can prove that their brand is literally similar to you, your business, and your customers, you won’t be able to stop them from using it. . You will have to prove that they are direct imitators.
This means that someone can create a mark that is very similar to your brand, and you won’t be able to stop them from using your brand unless you can prove that their brand is literally similar to you, your business, and your customers. .
For small businesses or startups operating within a limited geographic area, unregistered trademarks are practical because they are less expensive and generally easier to obtain. However, if your business is expanding or you plan to enter national or international markets in the future, you should consider registering your trademark to secure broader protection.
Protecting your trademark formally provides enhanced protection, which is important for companies in highly competitive fields or companies with valuable intellectual property. The registration process is generally simple and economical. However, challenging a registration can be time-consuming and expensive and may require legal assistance. Despite these challenges, the benefits of trademark registration are more significant in the long run.
You have undoubtedly spent a lot of time and energy building a brand that includes your trademark. You have the opportunity to leverage your trademark effectively to make it a more unique and profitable brand.