Am I under an obligation to register?

25 November 2009

You are under no obligation to register your trade mark or brand name. 

However, if you do not register your trading name, you should be aware of the following:

If a third party copies your brand name the only action you can take against that third party is to commence proceedings for ‘passing off’ (i.e. because a third party is ‘passing off’ their goods / services as yours) in order to prevent the unauthorised  use of your brand name. 

However, establishing a claim for passing off can be difficult.

Owning a registered right over your brand name is the most effective way of preventing third parties from using your mark without your permission. 

If you choose NOT to apply for a registered trade mark, there is also the risk that a third party will register a mark that is confusingly similar or identical to your mark and subsequently accuse you of trade mark infringement and prevent you from using your mark. 

Corinne can be contacted via email on corinne@trademarkroom.com.