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Why Does Trademark Registration Matter

Why Does Trademark Registration Matter?

Agnieszka Lesiak

Agnieszka Lesiak

27 October 20235 min read

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Trademark

Many people ask themselves why protect a trademark at all. Is it so important to protect intellectual property? For what purpose do entities file trademark applications? To answer these questions, one could recall the motives for introducing the institution of trademarks into the legal order and the arguments that supported it. In this article, I’ll try to summarize the most important benefits of trademark registration. If you are interested in the procedure for filing a trademark application, I invite you to read this article, in which we describe the procedure for claiming a trademark.

Trademark, what exactly is it?

Probably most of us don't realize that in everyday life we encounter trademarks at every turn. A trademark is really any sign that allows one company's goods or services to be distinguished from those of another company. The trademark most often used by businesses is the brand logo or the name of a particular brand. In addition to classic trademarks, we distinguish non-standard marks, which you can read about here.

The primary role of trademarks is to facilitate the identification of products originating from a specific business entity and differentiate these products from imitation products offered by others.

Brand protection - why register a trademark?

At the beginning of its activity, each new brand aspires to create specific associations related to its own image, which involves financial expenditures on marketing activities, planning and implementation of strategies. The goal is to build recognition among consumers and evoke positive emotions associated with the brand, which is expected to translate directly into the success of the brand. The additional expense of trademark protection is an investment that protects the brand for the next 10 years. You can read about the cost of trademark registration here.

Have you ever wondered why we often choose clothing and accessories with recognizable logos and symbols?

This is the result of branding and building a unique image in our minds. As a result, we somehow automatically reach for products adorned with well-known symbols, because we associate them with high quality and prestige.

And it is the brand image that is crucial in the context of trademarks. By protecting the trademark associated with your brand, you ensure that you are protected from illegal copying and exploitation of your expenditures made to build your brand image.

The benefits of trademark registration

  1. Protection of financial and time effort

The main benefit of registering a trademark is to protect the effort and time that have been spent on creating a unique brand image. By devoting numerous hours to planning and developing brand awareness, owners should realize that by filing a trademark, they are protecting the results of their work from possible threats and unauthorized use by others. In the absence of this protection, we expose ourselves to unfair actions by other market participants, which can ultimately lead to the loss of our own brand.

2. Trademark allows your products to be found more easily

Trademark protection helps distinguish your products from your competitors. When customers see your trademark, they not only recognize your products, but also equate it with the certainty of quality and professionalism.

Why is this so important, especially for startups and new brand owners?

Because competition in today's world is enormous. Many entrepreneurs competing in the market offer similar products or services. Your trademark then becomes your unique identity, which attracts customers' attention and gives them a reason to choose you.

3. A trademark is a valuable asset

On the one hand, a mark protects your brand, and on the other, it gains as your brand grows. Having a registered trademark can open the door to expansion into international markets. Your trademark can also become an attractive asset in terms of potential investments or mergers with larger corporations. In the long run, when selling your brand, a registered trademark will benefit the potential transaction.

4. Protection against counterfeiting

By registering a trademark, you gain additional protection against people copying or impersonating your brand. Registering a trademark gives you the right to enforce your rights and act against those who try to infringe on your intellectual property. This becomes extremely important with acts of unfair competition by others in the market. By reserving your mark, you will definitely find it easier to force the party impersonating your brand to stop their actions.

5. Becoming the owner of your brand

Owning a trademark gives you exclusive rights to use it and put it on your products. This ensures that your brand investment remains protected and is not exploited by other companies. This is crucial for the long-term development of your brand, as a registered trademark provides a basis for certainty and stability. In addition, once the trademark is registered, you gain the right to use the ® designation. Unauthorized use of ® is an offense and is punishable by a fine.

Summary

Registering a trademark is a guarantee that the effort, work and financial investment you put into your brand will not be wasted. You gain additional protection to fight against copycats. You guarantee yourself a long-term secure investment opportunity in your brand. Additionally, you increase the value of your company by securing your intellectual property.

The above overview is not exhaustive. If you are interested in protecting your brand and would like to learn more about the benefits of a disclaimer, please feel free to contact us.


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FAQs

Do I have to register a trademark?

No, no entity is obliged to protect its brand by registering a trademark. Nevertheless, by reserving a trademark, you gain additional protection and certainty in your branding.

With a registered mark, can I fight against those who infringe on my brand?

Yes, by having a registered trademark, you gain additional possibilities to fight against those who impersonate your brand. Your brand defense strategy should be chosen individually for each case.

Can someone steal my brand?

Unfortunately, yes. Today in the market, acts of unfair competition are not uncommon. Dishonest entrepreneurs "prey" on young, successful brands by impersonating them. Depending on the actions taken by the dishonest entrepreneur, they can lead to you losing your brand. 

Can anyone register a trademark?

Yes. Whether you own a company or are an individual without a company, you can register your trademark.

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