Filing an application for registration of a trademark, or renewing a registered trademark, means asking the authorities to recognize the validity of your sign and to render it eligible for protection under the law.
If the application is granted, the trademark is then registered: upon registration of the trademark, the individual or company acquires exclusive rights to the same, thus providing the owner with the ability to prevent the unauthorized use of an identical or similar trademark by third parties.
Filing an application and then registering a trademark bestows various legal advantages on the owner:
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right of exclusive use of the trademark as registered
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right to prevent the unauthorized use by third parties of an identical or similar trademark for identical or similar products or services
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right to request and obtain customs surveillance measures
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right to block counterfeit goods at customs
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right to file administrative opposition procedures
The result is a significant increase in the economic value of the brand.
Failing to file an application and register a trademark can cause one of the most serious losses for a company, not only in terms of intellectual property but also in terms of time and money. Using a trademark that is not registered, or allowing a trademark registration to lapse, may lead to the loss of all rights connected to the sign, thus enabling competitors to use a brand that is similar or identical to your own. This increases competition, confuses consumers and decreases the asset value derived (also) from use of the commercial brand.
