What are the risks if I do not register my brand?
December 6, 2023 | 50,00 EUR | answered by Ingo Hausdorf
Dear trademark attorney,
My name is Piotr Ziegler and I am the owner of a small business specializing in the manufacturing and selling of handmade furniture pieces. Over the past few years, my business has grown and my brand has become an important part of my operations.
However, I have neglected to officially register my brand. I am concerned about the risks associated with this decision. I have heard that an unregistered trademark may have less protection and it could be difficult to take legal action against trademark infringements. I fear that other companies may use my brand without permission and that I would not have legal recourse in such a situation.
I am aware that registering a trademark involves costs and bureaucratic procedures, but I am wondering if the benefits of an official registration outweigh the risks. What specific risks exist if I do not register my brand? What measures could I take to protect my brand even without registration? And what legal steps could I take if my brand is infringed upon without registration?
I would greatly appreciate it if you could provide me with your expertise in this area and help me make the best decision for my brand. Thank you in advance for your assistance.
Sincerely,
Piotr Ziegler
Dear Mr. Ziegler,
Thank you for your inquiry regarding the registration of your brand. It is understandable that you are concerned about protecting your brand, especially as your company has grown and the brand has become an important part of your business. In fact, an official brand registration brings many benefits that may outweigh the risks of an unregistered brand.
One of the main dangers of an unregistered brand is that it enjoys less protection than a registered brand. With a registered brand, you have the sole right to use the brand for the goods and services you have registered. This means that you can take action against other companies using your brand without permission. Without registration, it may be harder to address trademark infringements as you do not have official proof of your rights to the brand.
Furthermore, an unregistered brand may make it more difficult to defend your brand in case of a legal dispute. A registered brand provides clear evidence of your rights to the brand and makes it easier to defend your position in court. Without registration, it may be harder to enforce your rights and obtain compensation.
To protect your brand without registration, you can try to establish it as an "unregistered trademark" through continuous use and recognition. The more well-known and established your brand is, the better you can defend it in case of a trademark infringement. You could also try to protect your brand as a trade secret by keeping confidential information within your company.
If your brand is infringed without registration, you could take legal action to address the trademark infringement. This could involve requesting the infringer to cease using your brand and initiating a lawsuit to enforce your rights. However, it is important to note that without an official registration of your brand, legal options may be limited.
Overall, I recommend officially registering your brand to strengthen your brand protection and minimize the risks of an unregistered brand. Brand registration offers clear benefits and is an important step to protect your brand and be successful in the long term.
I hope this information has been helpful and I am available to answer any further questions.
Sincerely,
Ingo Hausdorf
