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Background on Trademark Rights
Trademark rights can be obtained through a process of trademark registration at the trademark office of the specific country. Because of the complexities involved in registering trademark rights in other countries, you will have to make use of intellectual property attorneys for such.
A power of attorney signed together with a set of prints for word and device marks, which all may have to be notarised and legalised up to a country’s consular level, must be submitted according to the country’s specific requirements or the international convention requirements for the country.
The trademark rights obtained provide the owner thereof with exclusive usage and exploitation rights to the marking for specific products or services in one of the categories for goods and services.
Infringement upon such rights by another party may take place when a similar mark is used to promote products or services and where the mark is not registered or registered after the claimant’s mark was registered. Infringement assessment must be made to determine the level of confusion caused.
One of the requirements for a trademark is that it must uniquely identify the goods and services of the applicant.
As such confusion can be caused if a similar mark is used by a competitor. If a trademark is not registered, but has been in use for a long time, then common law can be used to assess whether passing off has taken place.
By registering the trademark, you ensure legal protection and grounds against any infringements. It also aids in the protection of a company’s reputation with its clients.
There is a specific process to follow when applying for trademark rights, and although it may not be complex, you will certainly benefit from the expertise offered by trademark lawyers regarding the trademark searches, searches of company directories, evaluating the strength of the mark, completing the forms, and handling of renewal fees as well as setting up of license agreements.
Contact us today for assistance in registering, selecting, and defending your trademark rights.
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