Trademark Registration and Protection
In Nigeria, trademark infringement attorney Lagos is in demand for handling trademark registration and cases. This is because trademark is governed by a specific law that is very technical. Trademark laws may also differ from one country to another because these laws are territorial in nature.
Trademark is an intellectual property which distinguishes the product and services of a company from others. It is an asset which helps people remember the company and its goods and services. Trademarks include words, phrases, logos, designs, symbols or any combination thereof.
In order to avoid committing trademark infringement, the trademark should be registered in the Intellectual Property Office. The rights to the exclusive use of trademark may only be exercised if the trademark is registered. The registration will grant the benefit of exclusive ownership of the mark in the nation where the law applies. This will also provide protection to the company should another establishment infringe the trademark.
The process of registering the trademark will differ from one place to another. In Nigeria, the process can be tedious. First, the trademark that you are planning to register will be examined to ascertain if it is unique and may be registered. If the mark is verified to be unique and capable of registration, the trademark will be advertised in the Nigerian Trademark Journal to inform anyone who may have an interest on the applied mark and to give them the opportunity to oppose the registration. If no one opposes the registration, a Certificate of Trademark Registration will be issued in favor of the applicant.
The process may sound simple but it can be rigorous and challenging. Intellectual Property Rights Lawyers are usually hired to file and process the application. These lawyers are experienced and knowledgeable enough to know the tiniest details of the requirements and processes. The Intellectual Property lawyer will be the one who will take care of every step of the process.
Hiring Intellectual Property Rights lawyers may not be cheap but the services they provide are valuable. Keep in mind that trademarks are valuable assets that will give the company long term benefits. Also, failure to comply with even one requirement and application process may deny the application and may harm the reputation of the company. A successful trademark registration will greatly increase the value of the company.
Once a trademark is registered, the owner of the mark can sue anyone who will infringe upon his rights. Trademark infringement is the unauthorized use of another entity’s mark on a competing or related goods and services. In order to constitute a trademark infringement, it is not necessary that the mark used is identical to the infringed trademark. It is sufficient that the mark used can cause confusion to the general public.
When another party infringes the trademark, that party can be sued. However, any trademark infringement suit may take some time and a lot of effort. The burden of proof is also on the party who sues. The plaintiff must prove that his trademark has been infringed and used without authorization through preponderance of evidence.
In case of trademark infringement cases, you must hire trademark infringement lawyers to handle the case. Trademark infringement cases are very technical that even the minor details in the case can be a deciding factor of the outcome of the case. Losing a trademark infringement suit may not only cost the losing party a substantial amount of money but it may also damage the reputation of the company.
In Nigeria, many of the experienced trademark infringement attorneys Lagos are really needed. These lawyers are also updated about the most recent cases and rulings on trademark cases. The compensation paid to expert attorneys can be worth it because of the amount of money that may be recovered from the penalties and damages. Most importantly, the name and reputation of the company will be greatly affected by the outcome of the case.