Protecting your brand through registration of trade marks

Author: Anne Lule

A good brand plays a key role in identification of products and services and most importantly, in distinguishing goods and service providers from other competitors. A brand reflects the quality and credibility of goods or services offered to the public by a given entity. One main way in which persons may protect their brands is through registration of trademarks.

A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. It individualises the goods and services of a particular enterprise and distinguishes them from those of other businesses. A trade mark may consist of words, symbols, numbers, names, abbreviations or any combination of these to form a logo. Trade marks help consumers to identify and purchase a product or service based on whether its specific characteristics and quality – as indicated by its unique trademark – meet their needs.

A trade mark may be registered either under the national laws of an individual country, regionally or internationally through regional and international trade mark registration regimes respectively. For a mark to qualify for registration and protection as a trade mark, the mark should be distinctive and capable of distinguishing goods or services provided by an enterprise from those of another. Consequently, a mark may not be registered as a trade mark if it is similar to an existing trade mark.

An entity should register its trade marks so as to protect the image and reputation of the business. A positive image and reputation creates a relationship of trust in consumers which also establishes a basis for developing loyal clientele and enhancing the good will of a business. Registration of a trade mark entitles a registered owner to enforce their rights in the trade mark upon infringement by a third party.

Conclusion

It is important that every business entity takes steps in ensuring that it fully maximise its brand’s potential. This can be achieved through registration of trade marks. By registering its trade marks, the entity secures legal protection of its brand and may enforce its rights as well as safeguard the trade mark against abuse by other enterprises.