Why own registered trademarks? |
Advantages of trademarks - trademarks advantages
When you register a trademark, you obtain certain advantages under the trademarks laws.
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"... very capable ..."
T. McCullagh, Managing Director, Southside People
Originally, trademark laws were introduced to assist enterprises to protect their names and brands in the market. One of the underlying principles in trademarks law is to avoid confusion for consumers. So if a consumer purchased a manufacturers goods under a badge of origin, it should be possible for a consumer to be able to rely on the goods or services. This then could enable trademark consumers to purchase the goods/services again and repeat the experience. This was to reduce counterfeiting, or copycats from trading on the good name or reputation of someone else.
So trademarks laws aim to provide owners and organizations with a state-regulated system to register trademarks.
Main trademark advantages
Top ten trademark advantages
The main advantages of obtaining a registered trademark include: -
- The state grants you exclusive rights to use the trademark for the goods/services for which it is registered. You alone own the rights. This can be quite powerful. It encourages trademark owners to invest in their brands, identity and reputation.
- Parties who use the trademark for similar goods/services without your consent can be sued for infringement.
- Your trademark is more secure, once it is registered. This can help your confidence in the mark, and help to make sure nobody can make you change your brand.
- Your legal title to the ownership rights in the trademark become established. This can be useful in the event of any third party claims, or enforcement of your rights.
- Actions against counterfeiters or copycats are easier to enforce using a registered trademark. Louis Vuitton has successfully used its registered trademarks against counterfeiters, Google adwords users, and internet search engines.
- You can use a registered trademark to ring fence your reputation in goods or services. This helps to prevent others from trying to piggy-back on your reputation.
- You can control use of the trademark, restrict or licence its use to others.
- You can charge royalties for its use. Are your trademark royalties in the most attractive territories?
- You can often command goodwill for it on a disposal, as well as impress investors with confidence in investing in a brand that is safeguarded.
- A registered trademark can be one of the most valuable assets you own.
Among the main advantages of a trademark is that you get stronger legal powers from a registered trade mark.
Trademarks and identity
Trademarks are used in trade to establish the identity of a supplier.
Trademarks confirm to consumers the origin of the goods.
Consumers can associate a reputation with a trademark. This can be useful, when consumers like t repeat buying of certain goods or services under a particular trademark.
One a trademark is registered, a formal statement of claim and title to ownership is made by the owner, as at a date that is certain in time.
Countries have trademark laws to support trademarks, and which give trademark owners exclusive rights such that their trademarks cannot be used without their permission. Trademark laws are also useful for consumers - see are trademarks good for consumers? page.
Trademarks and imitation
Consumers need to be in a position to rely that the goods or services they buy from a particular supplier are genuine. Otherwise, consumers would be exposed to being supplied with bogus goods or services, with a proliferation of fake and counterfeit goods.
Registered trademarks help to prevent imitation.
Trademarks and trademark infringement
Owning a registered trademark gives rights to enforce actions against imitators, copycats, and counterfeiters.
Another aspect of owning a registered trademark is that in establishing title to ownership, it can be used to prevent against threats of trademark infringement.
Trademarks and brand investment
When an organization carries out advertising or marketing activities, it is promoting its reputation along with its business name. If you could not protect your business name, than there would be little point in investing in a brand name. The laws for registered trademarks recognise this, and holding registered trademarks supports investment in advertising and marketing.
A trademark is something a consumer can trust
A consumer buys your reputation in a trademark.
A trademark conveys a sense of delivery, quality and price to consumers.
In trade, trademarks are important for both consumers and for suppliers.
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