TRADEMARKS: WHY REGISTER THEM?

Starting a business is a long but enjoyable process that requires a lot of effort and resources. Trademarks are an important part of it. In an elastic market of goods and services, exclusivity is more important than ever. It is what decides whether a business will be successful or not.

Business exclusivity is not self-evident. We have to create it. To create it, we draw on mental, physical and often financial resources. We put in the time, we put in the effort, we look abroad for help, we invest. Finally, we have a result: a brand. What do we do with it? Protect it.

Registering a trademark with Profitmark.com is a great choice of a reliable partner and assistant for you and your business.

Trademark Protection

A trademark is intellectual property that does not require protection. If you are not serious about your business, don’t want to expand it, don’t want to make money from it, know that it is a short-term initiative that will lead to nothing, trademark protection is probably not necessary. Otherwise, trademark protection is advisable if you want to protect yourself from failure.

Why register a trademark?

A trademark creates a business relationship on three levels: first with you as the owner of the business and the trademark, then with partners, investors and consumers, and finally with third parties (competitors, government agencies, courts).

The brand and the business owner

By developing a business, by creating a brand, we partially create ourselves: we clarify values, we outline a vision for the future, we develop a responsible approach to our activities.

The protection of the brand guarantees the personal responsibility of the entrepreneur towards himself and his business: it obliges him to foresee long-term goals and development opportunities.

The responsible approach to business largely determines its success. Protected trademarks help to create and maintain this responsible attitude.

Brands and user (partner, investor)

Protected trademarks ensure a strong and long-term connection between users and potential partners and investors with the created company. Clear values, the internal discipline of the company owner guaranteed by the brand protection, the continuous process of creation and development of the brand make it possible to attract and retain the user.

Protected brands also guarantee reliability vis-à-vis other stakeholders in the success of your business, investment in the business, cooperation with the brand.

A protected trademark assures partners that risks are manageable and that the business will not suffer failures related to unfair activities of competitors. A protected trademark gives the owner the right to transfer, lease, mortgage, sell, license or otherwise use the trademark for profit.

The trademark and third parties

Regardless of the type of business you are in, there will be players competing in terms of quality of service and product. They often compete unfairly. A distinctive and protected trademark is perhaps the main tool of protection against copying and use of the trademark for unfair competition purposes. Registering a trademark gives you the right to prohibit others from using a similar mark for similar goods and services.

In addition, registered trademarks give you the right to appeal to state institutions (State Patent Office, courts, Customs Department), which are obliged to take measures to ensure that the owner’s right to use trademarks is not infringed, that the infringement is stopped and that the damage is compensated in case of infringement of the right.

Most importantly, trademark protection against unfair competitors acts as a preventive measure.

Few of them will attempt to usurp the exclusivity of the business protected by the law. Likewise, a registered trademark offers protection against honest competitors who may accidentally copy the mark.

When registering a new trademark, it is important to make sure that the same or a similar trademark has not already been registered. To do this, a trademark search should be conducted.