Nowadays, consumers encounter thousands of goods and services on the market, so it is of increasing value for entrepreneurs to be able to make their goods or services unique and distinguishable from those of their competitors. Consequently, brands, logos, and brand names have growing power, which can also hold monetary value for their proprietors.
What dangers does it hide if we do not register a trademark?
Unfortunately, we are also increasingly faced with the fact that some try to profit by riding on the success of larger brands, whether through counterfeiting or the sale of confusingly similar goods or services. Registering a trademark for your company's name, logo, or even the fantasy name or logo of a specific product or service can help avoid situations like this.
Further advantages
Trademark protection grants the trademark holder the exclusive right to use the trademark. Market players can also check the existence of trademarks in public, authentic registers, so placing your unique designation under trademark protection can also help avoid potential mistakes. For cases where the proprietor's trademark protection is intentionally infringed, legislation provides the opportunity for the proprietor to take action against the infringer through both civil and criminal law. In such a case, the proprietor does not have to prove that they were the first to exclusively use the infringed designation in market conditions, as the trademark protection certifies this for them in a public, authentic register, thereby making the proprietor's position much easier in legal disputes. In addition, the trademark holder can prohibit others from using the protected designation or demand royalty fee from the person using the trademark.
Further difficulties in the absence of trademark protection
In the absence of trademark protection, the proprietor of the brand or other designation may find themselves in a much more difficult position in the event of a legal dispute, and in the case of unsuccessful enforcement, it may even happen that they are prohibited from using their own brand, in which case their business can expect severe damages. In addition to facilitating legal enforcement, trademark protection also strengthens the credibility and distinctive character of the business towards consumers. Thus, it is clear that protecting your brand name, product or service name, or logo carries many advantages.
Our law firm has outstanding experience in the field of trademarks and provides its clients with fast, cost-effective, and client-friendly services, whether it be for filings, legal enforcement, or simply consultation.If you need help with trademark applications, please contact our office with confidence!
