Some trade marks are easier to protect than others. Registration must be refused if for example the trade mark conflicts with some earlier right or is thought to be a simple descriptive or laudatory term. There is no legal obligation to register a trade mark. However, the user of an unregistered mark can be prevented from continuing or extending use by a later user who does secure a valid registration in good faith. Also, it is, with certain limited restrictions, the first applicant who will be granted registration of the trade mark. Therefore there are clear and powerful reasons for seeking trade mark registration.
If you would like to find out more about this or any other our services please contact us.