Advantages From Registering Your Trademark
- tannet malaysia
- September 23, 2015
- Intellectual Property
The trademark is a valuable asset for any company because the trademark is considered intellectual property (IP). To protect on your business mark or Logo, it’s advisable to register your trademark before conducting business due to a high rate of intellectual property (IP) piracy.
You may derive some advantages from registering your trademark, such as:
- Constitutional priority right as first to file. The person or legal entity who is the first to file the trademark generally has priority to use the registered trademark
- Exclusive protection of the product (goods and services) from infringement claims by others in commerce activities
- Legal reinforcement of the position of trademark owners in court if there is litigation
- As a value added of goods or services in quality and reputation to the public
The following are some common examples of marks that cannot be registered as a trademark:
- Marks that are descriptive (e.g. super, best, cheap, one dozen)
- Marks that are common to your trade (ones that have become well accepted in relation to your trade and do not distinguish the goods or service you are offering)
- Marks that could offend or promote immoral behavior
- Deceptive marks (ones that could misrepresent the nature, quality or geographical origin of the goods or services)
- Marks that are identical to earlier marks
- Marks that could cause confusion (similar or identical to an earlier mark and in relation to similar or identical goods or services provided by the owners of the earlier mark)
- Marks that are identical or similar to Well Known Marks.
Nevertheless, foreign businesses who register their trademark through the international route still need legal assistance for a comprehensive understanding of the legalities of running a business in local country. This can prevents any future disputes or infringement.