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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.