As a tech startup or business owner, it is not of utmost necessity that you must register your trademark before you can prevent someone else from using it or a confusingly similar mark. This is because you can rely on the common law tort of passing off for protection during cases of infringement. The following benefits are, however, associated with a trademark registration.

1) Exclusive right – A registered trademark becomes the “property” of the person who has registered his mark, giving him, alone, a personal right to the trade mark. When this is done, one who has registered his trademark is confident even when there is a case of infringement because this will only be an avenue to assert his right to the mark and secure damages such as monetary compensation.

2) Business identity – With the level of interconnectedness in our world and a large market to serve, there is no doubt that business ideas or structures may conflict. Trade marking your brand helps your customer attribute your uniqueness to the service or product that you offer, thus giving you an identity in the market, even though there are organisations engaged in offerings similar to yours.

3) Protection against infringement – When a trademark is registered is it way easier to assert your right to it other than when you are relying on the common law tort of passing off. The burden of proof when a mark is registered is not as heavy as when it is not. Furthermore, when your mark has been registered as that of your business, it automatically prevents others from using it or similar marks in the classes you have registered it in. Except, of course such a person is on a mission to enrich your pocket via the instrumentality of a law suit.

4) Asset creation – A registered trademark can also be a source of revenue generation. Exclusive right to the mark gives the registered mark owner liberty to assign or franchise his or her business mark to other business ventures for benefits.

5) Lifespan – A registered trademark has a lifespan that enures for life but subject to renewal after seven years. That is to say, there is no limitation to the duration of use of a trademark, provided it is being renewed from time to time.

We believe it is safe and wise for tech startups and business owners to register their brand marks other than rely on the common law tort of passing off, which may entail stringent proof and an overwhelming process before it can be relied on for protection.