Advantages of Trademarks - Assignment Example

Trademark Trademark Trademarks are unique marks representing brands and logos that enable individuals to undertake specified businesses. Without it, any actions done are illegal and it is offered by the government. Trademarks have various advantages and disadvantages. The main advantages concern the principal registers to protect what they own and to the supplement register. However, trademarks also have disadvantages that mostly affect the owner through having to verify usage frequently and can even get lost if correct submission procedures are not followed. Since trademarks represent one of the most ineffective ways of protecting property, they should be changed and frequent verifications should be automated. Introduction A trademark is a mark that represents the distinction of certain goods in terms of the brand name, logo, label and many more. This mark helps in differentiating a trader’s commodities and services from those of others in a place. The right of this trademark is granted in terms of its logo, smell and taste among others. This mark is what any trader requires to own exclusive rights in commercially making use of goods and services that are under it. This also licenses the traders to engage in the various sectors of business that are involved in the mark. Without this, anyone carrying out business activities in the nation is considered a criminal and can be detained. To prove their business legal therefore, one may require this trademark from the government. This familiarizes the government with the business activities taking place within the country and helps to control illegal businesses that are not healthy in terms of the welfare of the citizens in the nation. Application for this trademark takes place in government offices. A registration fee is charged during application, and in some cases is renewed monthly. This way, apart from controlling business activities in the nation, the government also earns some revenue that later helps in running of the development projects that need to be fulfilled in building the nation. During the application process therefore, it is wise for a businessman to consider some issues before applying. It is wise to find out whether the application is really needed in one’s case, whether their brand appropriately needs the mark, the right time for application and the process involved during the application. This is done to avoid poor decisions, which later may cause downfall (Isobel, 2015). 1. ADVANTAGES OF TRADEMARKS Trademarks have several advantages to both the principal and supplement registers. 1.1. Advantages to both Supplement and Principal Registers Trademarks help the owners of the goods and services to protect their commodities from claims by the government to have been illegally processed. This helps to relieve traders the burden of worries of being harassed by the government officials with claims of having not acquired trading rights. This way it creates comfort at trading places which stimulates the effectiveness in trade activities. This also boosts traders in impressing and attracting customers in preference for their commodities and services as many people like dealing with legal goods and services. Registration for these marks also provides protection from the state restrictions of using ones brand. When registered, it is quite rare for the government to claim restriction or ban of a trader’s line of trade. It is until these registrations expire that the government may fail to offer renewals with a purpose to ban the trade activities. So long as one is completely registered therefore, they are free from all the risks and troubles concerned with restrictions. The registration of these marks also offers a trader the rights to register with foreign nations in case of international business and trading. If trading activities are already proven legal by one’s nation, it makes it easier to be acceptable in other nations, than when there is no evidence to show that it is a legal activity in one’s own nation. These marks also help a trader to acquire distinctions, as it helps them acquire a mark that no other trader bears making it difficult for anyone to use their products or similar ones for their own benefit. This in other words protects traders from acts of piracy and promotes originality. It in turn helps one acquire their rights in terms of rewards for their efforts. It is therefore very much beneficial to have trademarks incorporated in a trader’s business. 1.2. Advantages on the Principle Register On to the principle register, registration of these trademarks has several added benefits. One of the advantages is the fact that it provides a special important notice to traders who may be willing to later adopt the mark. This is essential so as to keep track of the market and competition situation. In addition, the mark acts as concrete evidence that the trader has registered and acquired the commerce rights to take part in the trading activities that are defined by the mark. This serves as the solution in case false claims come up towards the trader in terms of the legal matters in trading. The registration also gives the trader the right to claims three times the damages in case counterfeit marks are used. This shows extension of security and protection against the enemies of trade who may use shortcuts that are not beneficial to the traders already in the market. In case any fake traders are realized and submitted to the relevant authorities, they suffer severe penalties due to the strengthened protection of the registered trader from these kinds of vices in the market. This helps to strengthen the trading activities in the market with fairness and justice. This also strengthens the confidence of the traders in carrying out their routines. 1.3. Advantage to Supplement Register The mark may also end up providing some unique advantages to the supplement register that do not appear to the principal register. One of these advantages is the permission granted to the owner in filing an infringement action in a court of law. This also helps the owner to obtain registrations on the Principal Register. It can be achieved by proving the mark to have a secondary meaning. This may be demonstrated after five years of usage (Wright, 2010). 2. DISADVANTAGES OF TRADEMARKS 2.1. Towards the owner Even with all the above advantages, a trademark still has disadvantages towards the owner. One of these disadvantages is the fact that the owner will keep showing up in the government offices to prove that this mark is still in use. This becomes hectic and may waste time for serious business people who are so much engrossed in their trade activities. In case these traders fail or ignore this frequent process, they may end up suffering harsh consequences from the law enforcers. The first proof is submitted around five years after registration is done. After the first submission, traders again submit after another five years. Afterwards, they submit after every ten years for renewal. The trademark may as well be lost if the owner does not observe these submission regulations. This makes it stubborn as it keeps interfering with business activities of the owner. In addition, the trademark has been realized to be the poorest way of protection for intellectual property, because it only protects marketing concepts and may not always offer protection to the product itself. This therefore implies that in most cases the product remains at great risk, making the mark the weakest for protection of goods and services. Thus, the trademark should be out done by other property rights such as the patent. The registration and renewal fees paid by the owners also seem to be a disadvantage of the trademarks. This fee depends on how many classes the owner will wish to cover in the application. There also may be additional fees in the process of registration. With these charges, the whole process proves to be expensive. Even after paying the charges, it hurts more to realize that it does not mean a perfect cover (Ricky, 2014). 3. Recommendations Governments should establish better systematic ways of verifying whether a trademark is still in use by the owner instead of having them visit the offices frequently to verify usage of the trademark. A world of technological advancement, such as today’s, can make this possible. In addition, submission regulation should be improved to avoid trademarks being lost and inconveniencing the owners. Furthermore, the overall way of protecting property ought to be changed and improved, as trademarks represent one of the most ineffective ways of protecting property. Conclusion In conclusion therefore, the trademark is familiar to all traders across the nation and has its benefits and disadvantages. Registration requires affordable fees and takes place in the government offices. This also provides security to the trader’s welfare in trading activities. Though it benefits, it is not fully reliable, as it does not protect the product itself. Renewal after registration also takes place after specified periods. References Isobel. (2015). What is a trade mark? Retrieved from http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/ Ricky. (2015). Advantages and Disadvantages of Trademark. Retrieved from http://businessinsides.com/trademark-advantages-disadvantages.html Wright, C. (2010). The Advantages of Trademark Registration. Retrieved from http://www.naturescapes.net/articles/business/the-advantages-of-trademark-registration/ Read More