Areas of Practice
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:
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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