What is a trademark? Why do some people consider that the registration of a Trademark is a self–evident matter and why do others not even know what a Trademark is? What is the reason that makes multinational companies register their Trademarks? Why will Trademarks be useful to me?
Firstly, beginning with the basic principles, a Trademark establishes the origin of the goods and services for which it is being used. Trademarks are not just some random words put together, but instead they represent and form the culture of the economic entity. As a result, when a consumer spots a Trademark, a connection is swiftly being established. This connection should represent the essence of the business into the head of the consumer. It guarantees to the consumer that the goods or services are provided by that specific entity owner of the Trademark. Therefore, the most important function of a Trademark is that it guarantees the origin and the authentication of the goods or services towards the consumer.
Except from the above-mentioned reasons, a Trademark can also provide other functions. For example:
Where there is any violation of a Trademark without the consent of the Trademark owner, the Trademark owner’s rights are protected under the Law of Trademarks Cap.262 which governs the registration, maintenance and protection of Trademarks in the Republic of Cyprus.
These functions that the Trademark establishes are regarded as values that need to be protected even where violation of a Trademark in relation to the origin and quality of the Trademark does not exist.
The growth and the protection of the Trademark introduces the feeling of trust for the consumer with the supplied goods or services of the business. With the use of advertisement, sale and delivery of the goods and services, the consumer recognizes the Trademark. This is therefore converted into goodwill. What matters is not the Trademark by itself but instead the reputation that it builds to the community. It is established through the experience provided to the consumer by the company.
Therefore, the registration of a Trademark could also be considered as a necessary step for the protection of identity, reputation as well as the goods and services of the company that it offers. Moreover, the registration of a Trademark and the rights that are safeguarded by the registration discourages other companies to use similar marks, logos and symbols since through the process of screening from the Registrar it is relatively easy to ascertain the registration and uniqueness of the trademark.
As is evident from the amount of Trademark registrations in the Republic of Cyprus, a company needs Trademarks for both its existence and its everyday operations.
The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Agis Charalambous, Associate, Head of Intellectual Property Department, Nicosia at 0035722447777 or by email at firstname.lastname@example.org or Andrea Karageorgi, Legal Consultant, Nicosia, at email@example.com