WHY TRADEMARK

WHY DO I NEED A REGISTERED TRADE MARK?   

Trade marks are marks/symbols (sounds & colours) that distinguish a product/service in the market place…

A common misunderstanding is the widely held belief that incorporation of a business name will provide a satisfactory level of brand protection. The fact is, legal precedents suggest incorporation provides virtually no protection or exclusivity at all. Registration of a company does not automatically afford you the right to trade, if another party has a trade mark for the same or similar brand/name in the sector you are desirous of trading in. Registration of a Trade Mark™ however, provides the owner a Statutory Monopoly for the marks exclusive usage in the class (es) it is registered in…

A registered TM provides the highest order of brand protection: i.e. a domain name or simple incorporated company name would not serve as a defence against a Trade Mark action. And the presentation of a Certificate of Trade Mark Registration will generally, motivate an ISP/Telco or media/platform owner to act in favour of the TM owner when a possible infringement is cited. Thus, the more common forms of infringement can be satisfactorily resolved without the need for costly legal/court costs, which you could also be faced with should another party register your trade mark before you do…

Further, a registered TM also assists remedy in many forms of online ambush, via search diversion of potential custom from directly accessing your website. It is for this reason that many icons such as Mick Jagger and Kate Moss have recently secured TM registration for their own names in several classes; and, why local iconic brands such as Danske Mobler, Walker & Hall, Farro Fresh, Milly’s, Trail Lite & UCC through to the country’s oldest newspapers the Otago Daily Times & The Christchurch Star have secured TM registration with DPL’sTM Filing Service…

In some business sectors it is prudent to trade mark certain descriptive elements of functionality that can also provide a distinctive marketing edge; and assist with the acceptance of a trade mark application: i.e. The Warehouse is registered as:

 The Warehouse where everyone gets a bargain

A registered trade mark is considered a must-have in these days of digital convergence, when an unregistered mark can more easily be ambushed online…

And, if you are desirous of selling your business/brand, a tick in the TM registration (IP) box is sometimes now a pre-condition to sale; leveraging a better price in many instances….  

DPL has secured TM registration for hundreds of leading local brands and SMEs through to single restaurant /store operators and District Health Boards and, for marks initially considered as non-registrable: Lincoln Limousines, POINT OF SALE; TRADEMARKS4U CANTERBURY LEGAL, CARATS, Cedar Shed, Ko Ko, et al. And, our up-front flat fee package can save clients hundreds of dollars compared to using some alternative agents…DPL invites you to benefit from our global marketing experience, in either designing your brand or filing for registration of your trademark. We can file your trade mark direct in NZ & Australia. and in 95+ other countries via WIPO/Madrid Protocol: Publishing & Media Consulting / Event & Project Management / Business Plans & SMPs for startups &IPOS. Global sponsorship; Stadium Naming Rights; on-shirt & on-car global brand exposure …

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