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Trade Marks – the certificate doesn’t signify the end of the process

May 3, 2015

So, you’ve filed your trade mark application; the Registrar has examined and approved your trade mark; you’ve advertised your trade mark and within the three-month window period, no-one has opposed your trade mark and you’ve obtained your certificate of registration- what then? Many trade mark owners believe that once they have prosecuted their trade mark to grant, obtained registration of their trade mark and their certificate of registration, the work stops. This is not the case.

The next step in protecting your mark is the efficient and effective policing of your trade mark and preventing the mark’s dilution, becoming generic and/or infringement etc. The trade mark owner and his/her attorney need to work together to police the mark effectively. This is a continuous process and requires effort on both sides. There are various resources that need to be reviewed regularly, some monthly, in order to adequately police the trade mark. Also, trade mark owners must adhere to certain principles to assist in protecting the mark.

The policing of your trade mark is a crucial element in protecting your brand and best efforts should be made to do it properly.

 

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