The Importance Of Understanding How The Trademark Registration System Works

Below is an excerpt from John McKeown's December 2017 Monthly IP Blog.

A brand owner should understand how the trademark registration system works since, in the vast majority of cases, the brand name can be protected under the Act as a trademark. In addition, when selecting a brand name the way in which the system works must be considered since the decisions made will affect the rights potentially available. For example, choosing a brand name that is clearly descriptive of the character or quality of the goods or services in association with which it is used will have consequences.

Obtaining a trademark registration is of fundamental importance and facilitates the protection of the brand name. The rights available under the Act are significantly broader than the common law rights associated with a brand name.