Important to realize, every business operation requires a Trademark Registration in order to safeguard and protect all that is theirs. For instance, as a brief explanation, one needs to register their company name, brand name, or intellectual property for a trademark.
Simply, because if not, there is a huge possibility that someone else will do so and you will lose the right to use it. As an example, do you have that mark, that word, that sign or brand that you identify with?
Well, until you register it, it is not yours and you have no exclusive claim to it. A trademark is a mark or sign that distinguishes the goods of one entity from another.
Basically, the trademark registration may consist of one or more distinctive words, letters, numbers, drawings, pictures, signatures, colors or a combination of all these.
Equally important, a Service Mark is a sign which serves to distinguish the services of one entity from another. It may consist of the same characteristics as those of a Trade Mark.
Who can Apply for Trademark Registration?
Any individual, company, partnership or society can register a Trademark as long as they meet the necessary requirements.
It is a great risk if one undertakes business with original products but do not opt to register them all for a trademark. For instance, Biz Brokers Kenya Offers you a fast, reliable and experienced trademark registration service all over Kenya.
Since a good brand name can be an entity’s biggest asset, why not go ahead and register a brand mark in Kenya? Of course, that distinguishes your product and your services from your competitors.
If you would like to register a trademark in Kenya, please write to the Kenya Industrial Property Institute. Through [email protected] or even reach out to the jmexclusives for more service solutions support and advice.
Why is Trademark Registration important?
Simply, because there comes a lot of benefits with trademark registering.
It can happen that without a trademark, you can be kept from continuing with your business. Or even growing out of your place. However, with a registered trademark, you can legally take action against people who are using your brand name without consent.
Secondly, it helps distinguish your products from that of other competitors. Also, a trademark registration gives you an exclusive right to that mark. Whereby, it’s evident that the mark is yours and affords your legal rights. Particularly, against others who may want to infringe your right to that mark.
Examples of Trademarks include Jogoo which Unga Limited owns, Apple bite by the Apple Company, as well as Toyota by Toyota Company. In that case, these marks register under the respective companies. And as such, they have exclusive rights to those marks.
Finally, the process of registration also involves an extensive search to ensure that your mark does not resemble any existing marketing trademarks. Below are more effective benefits;
To expound, when you register, you obtain intellectual property rights.
It gives a company the exclusive rights to have its goods and services be covered by the trademark symbol, mark, tagline, etc. that is registered. With these rights, the owner can sue anyone who commits infringement or inappropriately uses the mark without consent.
You won’t be the one who will be receiving a “cease and desist” letter. But, with the rights that come with registering a trademark, you can be the one to send it to the other party that is using the name that you owned, making your customers confused.
Having your trademark symbol registered, it can be used as a pledge in securing loan facilities the same as a land or house (immovable properties) that can also be pledged.
Also, having your trademark registered gives you security and assurance because you can use it every time without fearing that you are violating the intellectual property rights of the other business owners.
With your intellectual property registered, the other traders will be prevented from having a similar trademark symbol as yours that relates to the goods and services that your business offers.
Having the ® symbol can stop people in their tracks, making them see that you have the right to whatever trademark they plan to make that is identical to yours.
Since your trademark is registered, people can see it when they check the system for trademarks. This allows them to have a look at what they can’t copy and that would include yours. This will deter people from registering conflicting trademarks that could cause confusion and problems in the future.
What are Examples of Trademarks?
There are a couple of things that can be registered as a trademark.
Not to mention, a trademark symbol can also be affiliated with other things as well. Such as a name, word, signature, letter, figure, drawing, title, tax stamp, seal, image, inscription, advertisement, pack, wrapper, packaging labels, tagline, or any other combination.
That is intended to be used for the same commercial purpose of a business to have its goods and services be identified in the industry. A trademark can be any distinctive marking, which can even include the shape and color of goods.
It is highly advisable that when registering a trademark, it should be distinctive to what the goods and services are being offered to the consumers.
There is more ease in registering trademarks that are easily associated with the company’s goods and services. Besides, when trademarks are distinctive, it can be easily remembered by the consumers in the market. See more results from My Venture Pad; as to Why Registering for a Trademark Creates Peace of Mind for Business Owners.
What is a Brand Name Protection?
In simple terms, trademarks are legal protections that prevent others from reproducing or using identifying features of your brand. Such as your company name or logo – without your permission. This even extends to the use of names or logos that could be easily confused with yours.
All brand elements are trademarked as soon as they’re in use. Furthermore, if you design a logo and put it on your website, it’s technically illegal for someone else to copy it. However, it’s wise to formally register your trademarks. If you don’t, it can be more difficult to take action against anyone who tries to steal your branding.
Generally speaking, the consequences of choosing not to register a trademark for your company name or logo can be severe. Someone may imitate your brand to sell customers low-quality versions of your products.
In the event that the trademark examiners allow a trademark that is closely related to yours, you have the right to oppose it before it’s officially registered.
The Requirements for Trademark Registration
As can be seen, there are a lot of reasons why you should register your intellectual property for a trademark.
Those reasons build peace of mind in you when you know why you should opt to register your brand name or company.
Trademark registration process requirements include;
- Soft copy of your trademark image in black and white
- Name of a company, individual or firm, represented in a special or particular manner.
- The signature of the applicant for registration.
- An invented word or invented words.
- Any other distinctive mark.
While registering for a trademark, it is imperative that you have a lawyer or a consultant who can guide you in the step-by-step process of trademark registration. Especially in Dubai or Kenya.
After all, understanding the law regarding trademark is essential as well since this is a legal matter that should be taken seriously.
One cannot simply have his intellectual property be a registered trademark whenever he wants to.
It needs to be verified as an original creation and not a copy of somebody else’s since trademark infringement can happen unconsciously.
Trademark Registration Procedures
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help.
Trademark Registration Forms Include;
- TM 27 (not mandatory but advisable)
- 2 – Application for registration of Trademark
- 32 – Application to enter or alter the address of service
- 1 – For foreign applicants (appointment of agents)
The Kenya Industrial Property Institute (KIPI) is the body that mandates the registration of Trademarks.
Here are the basic requirement steps;
1. Preliminary Search
A search conducts before applying for registration. To find out if the Trademark can register or not. Registration will not go through if the mark/ sign resembles another registered Trademark.
Though not mandatory it is important to conduct a search before proceeding with the registration process. To avoid spending time and money on an application that will not go through. The relevant form is Form TM 27.
2. Registration Application
As soon as you’ve conducted the preliminary search, then the mark can be registered. The next step will be to make an application for registration.
This involves Form TM 2 and TM 32. For foreign companies to register their Trademarks in Kenya. They have to appoint an agent in Kenya and as such, they will. In addition to Form, TM 2 and TM 32 require Form TM 1 for an appointment of the agent.
3. Registration Examination
At this stage, the Registrar examines your application to ensure the filing of the correct documents. Also, your mark does not resemble any registered Trademark.
An examination report issue report will inform you whether your mark approves for registration or not. If it approved, you will require to pay the advertisement fee and registration fee.
4. Registration Advertisement
If the Registrar approves the mark for registration he will instruct you to pay an advertisement fee. Then, the mark advertises in the Kenya Industrial Property Institute (KIPI) journal for 60 days.
This is to allow any person that opposes the registration of your mark raises their objection. However, if no opposition it proceeds to registration. If opposition raises, a notice of opposition in the form of Form TM 6 is filed and opposition proceedings begin.
5. Trademark Certificate
This is the final stage of the registration process.
If no opposition raises upon advertisement, the application will register. Then, the Registrar will issue a certificate of registration of a Trademark.
Learn more about registration of trademark services in Dubai, UAE.
I hope you’ve enjoyed reading and have understood some of the main benefits of trademark registration.
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