Why register your trademark

A good trademark can be one of the main assets for a company or product.
Your trademark is important, because it makes it possible for customers to distinguish between you and your competitors. If the trademark is sufficiently original, it will also make it easier for customers to remember that the last time they received good service or a good product, it came from your business.

The trademark is at the core of the manner in which the consumer knows and recognizes your business. Therefore, the value of the mark lies in you protecting the mark, so that others - especially your competitors - do not use an identical or similar trademark for the same products and services, and confuse the consumers.

Trademarks acquired through use
In principle, a trademark can be acquired in one day, e.g. if the marked goods are marketed and at the same time advertised in the daily press. However, the mark must be used in such a way that knowledge of the mark is more than just a local knowledge. Such cases will be defined as trademark acquired through use.

The question of priority, i.e. from what date your trademark achieves protection, will often cause problems for trademarks acquired through use. This is mainly due to the fact that sales literature, invoices and the like that are only a few years old are rarely saved. In addition, the material available often does not show the necessary connection between the mark, the goods it is used for and the time of use. Therefore, registering your trademark can be an advantage so that you can document your right.

Registration of trademarks
With a registered trademark, you are in a better position than with a trademark acquired through use if other companies, with or without knowledge thereof, copy your name or logo for themselves or their products. In this way, you can more easily preserve the integrity and brand value attached to the name or the logo.

What can you use a registered trademark for?

With a trademark you can prevent others from using the same or a similar brand image in your industry. When registering your trademark, you are legally empowered, since should the occasion arise, it would be the infringer, who must prove his right in relation to your registration. The infringer must therefore be able to provide documentation proving the trademark has been in use longer than yours, and which goods or services they have used it for. In other words, by registering a trademark, you ensure that the image and goodwill that you build up around your business are better protected than if you had not had a registration.

Remember, however, that registration gives you an exclusive right to the trademark, but it is not a marketing clearance. Special rules may apply for marketing in your industry, e.g. in the pharmaceutical industry. You must of course comply with such rules.