Trademark is any word, phrase, logo, or symbol used to distinguish goods and services offered by one undertaking from those offered by another. It is an intangible asset and can be regarded as a commercial signature.
Your business name and logo is the distinguishing factor of your
business. It is of immense value to your brand and sets it apart from other
brands. It is also important to protect your brand from infringement by third
parties. Registering a trademark in Nigeria has the following benefits;
(a) Exclusive right
Trademark registration grants exclusive right of ownership to
your trading name or logo. Your trading name or logo is your brand's identity
and trademark. It grants exclusive commercial rights. It also prevents other
businesses from using similar names or marks.
(b) Unique marketing tool
Your business trademark is its marketing tool unique to its
products. This will make your products to be easily distinguishable from
similar products in the market.
(c) Protection against infringement
Incorporating a company at the Corporate Affairs Commission
("CAC") only prevents other persons from registering a
business with a similar name to yours. It does not guarantee the protection of intellectual
property in the name. This is why you need to register the trademark of your
business to protect the intellectual property in its trade name.
(d) Protection of trade name and incorporated name
Trademark registration is also important when your trading name differs
from the incorporated name or when your business is a holding company to
various businesses. Trademark registration will ensure that both the trading
name and incorporated name are protected.
(e) Right to action against unauthorised use
Trademark registration protects the brand of your business
against unauthorized use by third parties. Legal actions may be commenced to
stop third parties from infringing your brand or trademark and obtain huge
compensation for any infringement.
(f) Company Reputation
Registering a trademark protects the reputation in which your
business has garnered over the years. This will attract customers willing to
pay a premium price for the security and reputation that comes with your
registered trademark. This will increase the value of the business and help it
grow faster.
(g) Assignment of trademark
A registered trademark can be assigned or licensed to third
parties for a fee. This will create additional revenue for your business.
Registration of a trademark allows agents of your business to use its name or
logo legitimately, especially if your business is planning to expand through
franchising.
(h) International registration
Although there is no treaty in which Nigeria is a signatory
which makes trademarks registered in Nigeria to be automatically deemed
registered in member countries, usage and registration of trademark in Nigeria
gives the trademark preference for registration in other countries.
(i) Requirement to obtain operation licence
Trademark registration is a requirement to obtain an operating
licence in some sectors in Nigeria.
(j) Indefinite lifespan
Registered trademarks have an indefinite lifespan. They only
have to be renewed after some time and there are no limits to renewals.
In conclusion, registering your trademark has various benefits.
You must take advantage of these benefits!
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