THE 6 MAJOR ADVANTAGES OF REGISTERING YOUR TRADEMARK
A trademark is a form of intellectual property, where registration is proof of ownership. In a country that is cognizant of both unregistered and registered trademarks, registering your Trademark is the quickest and most cost-effective way to ensure legal exclusivity for the use of your name or logo etc. Herein we look at some of the benefits of registering your trademark:
- Right to exclusive use
Registration of your trademark gives you as the proprietors of the trademark the right to the exclusive use of the trademark in Kenya. Registration notifies other persons that you are the owner of the mark which becomes a unique brand associated with your business, your goods and/or your services.
- Deterring and Preventing
Registration prevents others from using or registering the same mark or a similar mark thus protecting your brand. This benefit manifests greatly in search and reservation in the official register whereby before other traders choose their brand names, they will be put on notice of your rights and are less likely to choose conflicting marks. The Trademarks Registrar will also refuse to register conflicting marks.
- Power to assign or transfer the trademark to others
Assignment refers to allocation of the trademark to another person. As the registered proprietors of the trademark, you may assign or license the use of the trademark at a value allowing you to earn fees for use of the trademark by third parties.
- Registration protects against infringement of trademark
The use of a registered mark without the owner’s authorization constitutes infringement. For a person to institute proceedings for infringement, the mark must be registered. Infringement proceedings may be commenced against any person who uses the trademark or a confusingly similar trademark in respect of goods/ services of the same description as the services undertaken by yourselves.
Notably, the Trademarks Act prohibits the institution of infringement proceedings over an unregistered trademark.
Owning a trademark registration also provides a defense to an attack by a third party challenging the use of that mark thus serves as both a sword and a shield.
- Protects your brand from counterfeits
Trademarks as stated above are used as distinguishing factor. The Trademarks Act allows registration of a mark in relation to goods. Where this is done, the mark must be capable, of distinguishing goods with which the proprietor of the trademark is connected. Registration therefore enables the owner identify his goods and prevent the use of the mark in selling counterfeit or substandard goods. This in turn protects the reputation of the business.
- Geographical Coverage
Registering your trademark gives you nation-wide protection.
How can we assist you?
At Netsheria International, we have an experienced team of lawyers who can offer you legal assistance in registering trademarks for your business. Please contact us for our services at info@netsheria.com or visit our website at https://netsheria.com/ for more information on our services.
5 dangers of unsigned contracts and agreements
5 dangers of unsigned contracts and agreements: A contract has been defined as a written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law. It is advisable that parties [...]
Why you should always include an Arbitration Clause in a contract document
WHY YOU SHOULD ALWAYS INCLUDE AN ARBITRATION CLAUSE IN A CONTRACT DOCUMENT An arbitration clause is a provision in a contract that requires the parties to resolve any disputes that may arise through arbitration rather [...]
7 Examples of what to disclose at the initial stages of contract negotiation
7 EXAMPLES OF WHAT TO DISCLOSE AT THE INITIAL STAGES OF CONTRACT NEGOTIATION Material facts: Parties to a contract should disclose all material facts that are relevant to the transaction. This includes things like [...]
Red flags in Contracts
BEWARE OF THESE RED FLAGS!!!! Many clients have been asking us how to tell that a contract/agreement is not favorable, considering all clauses have been stated in the agreement. Some have signed and gone [...]
