The main purpose of this article is to highlight how important it is for a company to register its brand name as a trade mark. No one would want to waste their time promoting a mark if it’s being used by another entity.
Believe it or not, this happens more frequently than one would ordinarily expect.This is mainly due to the fact that while most companies realise the importance of using trademarks to differentiate their products from those of their competitors, not everyone appreciates the importance of protecting them through registration.
Registering your mark gives you the exclusive right to prevent others from marketing identical or very similar products under the same or a confusingly similar mark.The term “confusingly” is, perhaps, the key component here because you’ll know if another company is using your trademark when people “confuse” your mark with others that are quite similar.
Consequently, it is imperative that you register your mark in the relevant market before marketing your products. This gives you the reassurance you need, namely, that your customers can distinguish between two or more products and know that the “original” one is yours.
For example, in the Spanish legal system the majority of the doctrine defines the registration as a “garantía” (guarantee) and from the author’s personal point of view there could not be a more correct definition. Registration is a very useful tool that enables you to protect your trademark against any unauthorised usage by competitors who seek to enhance their brand image and reputation.