Why should I pursue a trademark registration?
Why should I pursue a trademark registration?

Whether you are a start-up or established business, the significance of trademark registration should not be overlooked. There are numerous reasons why you should consider a trademark registration.

In this article we discuss the top 10 reasons why you should register your trademark.

1. Exclusive Rights

A trademark registration gives you the right to exclusive use of the mark in respect of goods or services for which the trademark has been registered. It also allows you to license or sell the trademark. A certificate of registration proves that you own the trademark.

2. Protection against Infringement

A trademark registration allows you to prevent third parties from infringing your mark by using an identical or confusingly similar mark for the same or similar goods or services. Instead of having to gather heaps of evidence to prove you own the trademark, a certificate of registration is sufficient to prove ownership of the trademark.

3. Defense to Infringement Claims

If another party threatens you with trademark infringement you can rely on your registered trademark.

4. Prevents the registration of an identical or confusingly similar mark

A registered trademark protects against the registration of identical or confusing similar trademarks in respect of the same or similar goods or services. It is the responsibility of the Registrar of Trademarks to cite prior registrations against applications for identical or confusingly similar marks and to refuse to register such marks.

5. Valuable Asset

As a company builds its goodwill, the brand value increases. Recent studies show that the most valuable brand in the world has an estimated brand value of about 355.1 billion US Dollars. If your company is sold, the registered trademark will be accounted for in the sale price.

6. Security

Registered trademarks can be pledged as security for the fulfilment of an obligation.

7. Generates Revenue

A registered trademark may be licensed to a third party in exchange for royalties, bringing revenue to the business.

8. Right to use the ® symbol

As soon as a trademark has been successfully registered the proprietor of such trademark is entitled to use the ® symbol. This informs third parties that the trademark is registered and could deter them from infringing upon the mark.

9. Counterfeit Goods

A registered trademark grants you protection against counterfeit goods. The registered trademark can be registered with customs in terms of the Counterfeit Goods Act which is a means to prevent counterfeit goods from entering the country.

10. Costs

The costs to register trademarks are reasonable considering the benefits of a trademark registration.

If you would like to enjoy the abovementioned benefits, it is important to register your trademark. Our expert IP lawyers can assist you with registering your trademark.

If you require assistance, schedule a free consultation with an Xellerate lawyer, at your convenience.

Written by: Accelerate Legal Solutions
June 27, 2022