6 Reasons to Register a Trademark

March 1, 2017

1 - Exclusive right to use the trademark

The trademark’s registration guarantees that, in a specific territory, no one will be able to offer the same services or products that the trademark’s owner does, using the same name. This fact ensures that the trademark’s owner is the only entity with the right to use and reproduce its trademark, constituting a true legal monopoly.

2 - Advantage over competition

Guarantees that no third parties shall be able to use a registered trademark to identify its products or services. This is especially important in the phase in which the trademark’s products or services begin to have success, and the consumers begin to associate the trademark to its respective products or services. When a company starts to grow famous, the third parties’ temptation to take advantage of the economic success of the trademark at stake will also emerge.

3 - Transmission

Being a freely transmissible Property Right, the owner benefits from the possibility to sell or to license its trademark to a third party. It is common that great investors acquire new trademarks in exchange for financial compensations, however, such situation it is only possible in case the trademark is registered.

4 - Cost-effective

In comparison with other Industrial Property rights’ protection, trademarks’ registration have a relatively low cost, furthermore, and taking into consideration the financial return obtained though the commercialization of the products and services associated to the trademark, the trademarks’ registration is a safe investment.

5 - Internationalization

A trademark’s registration confers its owner a priority period (6 months) to register its trademark in other countries, providing the opportunity to expand the business safely, ensuring that the trademark will not be exploited by third parties.

6 - Validity

By general rule, trademarks are effective for 10 years, but are easily renewed for successive periods of 10 years, which allows an unlimited period of protection. There also exist the possibility to change the trademark’s owner name or address without compromising its validity or effectiveness. 

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