Perks Of Registering Your Trademark As A Tech Start-Up Or Business Owner

As a tech start-up or business owner, registering your trademark as a tech start-up is important. But, it is not of utmost necessity to 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. However, in this post, we have put together benefits associated with registering your trademark. 

Benefits Of Registering Your Trademark As A Tech Start-Up

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. After this, 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. How trade marking your brand helps your customer attribute your uniqueness to the service or product that you offer.

This gives you an identity in the market, even though there are organisations offering similar products or services as yours. 

3) Protection against infringement

Registering your trademark makes 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.