We may think that recording intellectual property (IP) ownership rights are a somewhat recent event it is not. Even the Romans stamped bricks to show their sign of ownership. Trademark law is quite ancient going out back to the year 1266 in England. The old law known as the \"bakers marking law\" used to show the maker of a loaf of bread. Each baker would have their own registered mark.
Trademark law is very well established world-wide. It is still flouted in some developing nations but that is the joy of the jungle. Most established businesses these days have trademark protection or are in the process of getting protection. Most people think that you have to legally register a mark to be able to use it but the opposite is true. You register a mark so that others cannot use it! When you register a trademark you gain the unique right to be the only one to use the mark or to control who can use it.
A trademark is a unique mark that allows customers to recognize you without seeing your product. It is a unique part of your brand. Tests have shown that you can exhibit just part of a famous trademark and people know which brand it belongs to. This indicates the power of a good image and how the brain works atremembering such things. This is why it is important to legally protect important marks and words.
In most countries if you create something yourself you have the sole rights to use this. However if an idea is used by many people it very quickly becomes common property and cannot be registered. It is always best to legally register marks and ideas. Registration legally defines the date of ownership beyond any sense of doubt. In some countries common law gives some protective cover but at the end of the day you have more security if you engage trademark lawyers to protect key IP.
These days you can self-register a trademark but there are inherent hazards of doing this of course. Trademarks lawyers of course know how to register and how to protect ownership if the rights are misused. They know the full story of registration and protection. If you self-register you may get a cheap registration but you may have left a loop-hole for someone to abuse your rights later on.
Registration of trademarks can be done in one or more countries. Currently there is no such thing as a global trademark. You have to register in all the nations where you require protection.
Registration has become easier over the recent years with the existence of systems like the Madrid System of International Registration of Marks through the World Intellectual Property Organization, Geneva, Switzerland but global registration is still a boring and fairly pricy process.
Of course the benefits of registering a trademark outweigh the costs and challenges. If you are focused about your company you should be looking at registration today.
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