Do I have to register my brand or can I use it without registration?

Let's have a look at the top three:

1. Trademark registration grants the exclusive right to a trademark.

As the owner of a registered trademark, you can prevent third parties from using your trademark – or a similar trademark – without your consent (if the third party does not have earlier rights). Without trademark registration you might only be able to rely on rights acquired by use. Even if you can meet the thresholds for unregistered rights, proving such rights is time-consuming, costly and sometimes simply impossible if the trademark use was not documented.

2. Trademark registration ensures your ability to use your trademark.

If a brand is only used but not registered, a third party could register an identical or similar trademark later. In such cases the worst outcome would be that the third party can forbid you to use your unregistered trademark.

3. Trademark registration works as a deterrent for competitors thinking about using an identical or similar brand.

Before launching a new trademark, the trademark register should be searched to avoid infringing earlier rights. When third parties and direct competitors conduct searches before deciding on a new product name, they frequently decide not to use a certain name as it would be too close to a registered brand. Therefore, proper trademark registration can avoid the need to act against third parties from the outside.

Trademark registration is a quick and inexpensive way to protect your trademark. Stay tuned to our blog series about what to consider when registering your brand.

authors: Gudrun Irsa-Klingspiegl, Christian Schumacher