Trademark FAQs

Trademark FAQs

Everything you really need to know about iGERENT's Services

A trademark is the right choice if you wish to protect and have the exclusive right to use a certain word, phrase, symbol, design, sound or combination of these in order to identify certain goods or services as coming from a specific trader or source. This allows consumers and possible clients to be able to differentiate your goods or services from other similar ones offered in the marketplace.

Trademarks are not required by law and registration is not obligatory, the exception being for pharmaceutical products in certain countries. Nevertheless, in the great majority of jurisdictions, if you do not register your trademark, third parties may eventually register it and prevent you from continuing to use it. 

It is highly recommended that you register your trademark in order to have the right to use all legal remedies to prevent and stop third parties from using it. Down the road, it is always cheaper to register your trademark from the start. In many cases, companies have had to invest in re-branding (new packaging, lost advertising, loss of market placing) when they finally became aware of the existence of similar trademarks, or of third parties that had applied or registered for an identical trademark to theirs for similar goods or services. 

Take a look at our blog article for more in-depth information on whether you have to register your trademark.

We mention but a few

A registered trademark grants exclusive nationwide use: Registering a trademark offers you protection and the exclusive right to use the trademark for your chosen products and services in the country or territories in which you have registered it. You can take legal action against anyone who uses your brand without your permission, including counterfeiters.

A registered trademark serves as a deterrent against third parties that would otherwise use identical or confusingly similar trademarks for identical or similar goods or services. In most countries, the existence of an identical or similar trademark is grounds for the registration office to refuse registration. Furthermore, trademark owners have the right to oppose similar trademarks from being registered.  

A registered trademark grants one the right to use the ® symbol: Upon registration, you will be able to use this symbol in order to demonstrate that your trademark has been registered and is enforceable by law; it also serves as notice to competitors that one is serious about protecting one's trademark rights.

It is illegal and punishable by law to use this symbol if your trademark has not been registered; fines and penalties vary depending on the country. The use of the ® symbol is some countries is also obligatory if a trademark has been registered to be able to present legal actions or remedies against a third party for using a trademark without the owner’s consent. 

A registered trademark is necessary to enlist help from countries’ Customs Services (Customs and Border Patrol): If a trademark has been registered, actions can be taken in order to request local customs services to prevent the entering or exportation of goods that use an identical or confusingly similar trademark.

Priority for subsequent applications: The first application for a trademark will grant the holder the right to subsequently claim priority when applying for an identical trademark in the vast majority of countries in the world within a period of 6 months. If priority is claimed during the period of 6 months from the first application, the subsequent applications will be considered as having been presented on the same date as the application in the first country. For more information regarding priority please read our FAQ answer to "What is a priority claim in a trademark application?"

 

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