A trademark is a symbol, or logo, slogan, stamp, brand, sign, or words that are registered or established for the use of representing a company or product. It helps to distinguish one’s goods and services from those of another company. Trademarks are important because they differentiate the goods and services of one enterprise from those of other traders.They pass information about you, your company, your reputation, products, and services. This enables the customers to be able to recognize the labels or the design.
Trademarks are made to capture customers’ attention and make your business products and services distinguishable from other traders who may have similar products, they make it easier for clients to find you.Usually, trademarks appreciate over time, the more your reputation grows the more valuable the brand is and this can lead to the business being acquired by a larger company for a significant amount of money.
Customers tend to be loyal to their favorite brands and if the quality is exceptional more of the customers will tend to use them this in time builds the company’s goodwill and their brand value goes up.Once you register the trademark it becomes a valuable asset that you can transfer and the business can use this trademark in the future to broker good deals and provide financial security for the company.Using your trademark will ensure that you do not violate or copy other trademarks that have already been registered by other traders.
The trademark laws are put in place to ensure that there is no violation of registered trademarks, it protects the owners from losing their income and sales because of similar marks that may be misleading to consumers who are not able to differentiate between the real one and imitation. Once you register the trademark, you have the right to use the logo exclusively and this will make sure that your competitors will not try to benefit by copying the business. You will have the right to sue other companies that may try to use the logo. It gives power to the legal owner of the trademark to transfer it.
Trademarks are a critical asset, do your research before using a lot of money to set up a brand, make sure it aligns with the products or services your business is offering. Before spending too much on design, apply for a trademark search to make sure that the trademark you intend to use is available and is not similar to another which would be infringing on their prior rights. Trademarks are protected on a first come first served basis which means the first to register has superior claim to ownershp of the trademark.
It would be prudent if you carried out your research on a brand before adopting it to avoid the registration of the trademark being denied or, worse, being sued by another brand owner. Spending the time and money to establish if a brand is available will help to avoid the high costs of a dispute or litigation with another brand owner.
Keep in mind that the more distinctive your trademark looks from other traders in your industry, will make it easier for its protection. Choose a name and logo that is unique to identify your business and will protect it from competitors.
Therefore, registering your trademark as early as possible to secure it is important before you start building a brand for your business. Make sure to get information for intellectual property from the right sources, seek legal guidance from people who are experienced in registering trademarks in Kenya or contact our lawyers at Gracen Advocates on counsel@gracen.co.ke or call +254748223255 for more information on trademarks and how you can protect your brand