What’s in a name?

17th Jun 2021

What’s in a trademark? Why it really does matter.

When shopping for a specific product, it is common that the products available offer the exact same characteristics and benefits. So, how is a consumer meant to choose? Most often, consumer choice in such situations is made by placing value on the brand of a certain product.

This is usually because consumers associate the brand with something more. Brands are powerful tools which give information on the origin of a certain product. They allow consumers to differentiate products and services of the same category.

All brands start out small. Nourishing them takes time and effort. A key part of the process is protecting the brand as a trademark.

Companies, especially newly incorporated ones, tend to forget about registering their own trademark. One of the main reasons is the common misconception that registering the company on the Companies Register, or even just securing a domain name, is enough to prevent competitors from using the same name. Furthermore, many companies consider trademark registration as a step that can be postponed. Just a few consider trademark registration as an investment, one that is relatively cheap in exchange for the strong degree of protection it offers to the companies’ most valuable asset: their brand.

It should be pointed out that the use of a brand name or logo does not mandate the registration of the same. In other words, it is possible to use a certain logo and/or brand name without necessarily registering it as a trademark. Such a strategy, however, carries significant risk of business disruption if there are other identical or similar marks for similar and/or identical goods and/or services.

Registering a brand as a trademark is important and necessary. Below are the four primary advantages of registering a brand as a trademark:


  1. Exclusivity of use only comes through registration. Registering a trademark ensures that other companies will not have a similar trademark and gives the company exclusive rights to operate and market under the said trademark for the specific category of goods and/or services.
  2. Registration is necessary to prevent someone else– most likely a competitor – from registering the same brand and applying to a court to prohibit its use. The business costs of having to remove a mark from websites, promotional material and/or packaging, and then proceed with rebranding can be enormous. Moreover, using someone else’s registered trademark would entitle the other party to issue a claim for damages and an account for profits.
  3. A trademark registration creates a legal right in the trademark and can also be useful in preventing counterfeiters from using the brand for products that aren’t those of the brand. Without a trademark registration, it may be difficult to prove who the legitimate owner is. Accordingly, trademark registration is the quickest way to obtain preliminary injunctions from the courts and recover damages later on.
  4. By registering a trademark, a company also ensures it is not unintentionally infringing another company’s rights.
  5. Registering a brand as a trademark adds value as a trademark is an asset that has monetary value. It can be bought, sold, or licensed, and royalties can be demanded for its exploitation by a licensee, for instance, a distributor.


A trademark is one of the most important assets of a company: registration is the necessary and best way to protect it. The earlier the mark is registered the better protected the brand.

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Call: +357 22 777000   |   Email: [email protected]

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