General Benefits Of Registration Registration acts as prima facie proof of ownership and entitlement to the Mark. Registration gives a statutory monopoly of the Mark. Therefore even if a competitor at a later date comes to the idea totally independently, the owner of the Registration still has the right to the Mark and can claim infringement. Registration enables, without even proof of actual damage, an infringement action to be brought against any identical or similar mark adopted after the filing date, for identical or similar goods, or where there is likelihood of confusion or association with the Trade Mark. Registration can be obtained before the Mark has been used as long as there is genuine 'intention to use' the Trade Mark.
Registration avoids a costly 'passing off' action in most circumstances.
Registration gives 'security of mind' to the owners of the registered Mark. Owners of similar but unregistered marks cannot claim infringement but have to rely upon costly and often unsuccessful common-law passing off. Copyright The RM Online Limited. All rights reserved.